Showing all results for category “Writing and Speaking”

Restatement of Law of Liability Insurance: The Plain-Meaning Rule

By: Amy R. Paulus and Henry T.M. LeFevre-Snee

The American Law Institute’s (“ALI”) draft Restatement of the Law of Liability Insurance’s (“Restatement”) use of “custom, practice and usage” evidence to determine the plain meaning of unambiguous terms does not find support in a majority of states,

No Coverage For Fraudulent Wine Purchases Under “Private Collections” Policy

Earlier this year, we wrote about a California Appellate Court case holding that an unsuspecting wine collector who purchased millions of dollars’ worth of counterfeit wine from a “villainous wine dealer” sustained a financial loss,

Appraisers May Determine Cause of Damage

In Walnut Creek Townhome Association v. Depositors Insurance Co., No. 16-0121 (Iowa, June 1, 2018), the Iowa Supreme Court held that the factual cause of damage to insured property may be determined by appraisal.

E-Filing: Avoiding Another Litigation Minefield

E-filing documents into court systems was supposed to make everyone’s job easier and provide more time to get a client’s legal work completed. E-filing allows the attorney to timely file up to the last minute of the day when a document is due to be filed,

If At First You Don’t Succeed: Wisconsin Supreme Court Approves Caps In Med Mal Cases

Life is about many things, and one of the most important is perseverance. Walt Disney went bankrupt several times before he built Disneyland. He passed on a cartoonist named Charles Schultz, who eventually did alright drawing a group of kids and a dog named Snoopy.

No Estoppel Without Prejudice to the Insured

By Don R. Sampen, published, Chicago Daily Law Bulletin 

July 10, 2018

The 1st District Appellate Court recently held that the Illinois Insurance Guarantee Fund was not estopped to assert a coverage defense under the policy of the insurer whose obligations it had assumed,

Esposito Writes on Pharmacists’ Duties

Not Just Bottle-Fillers: Pharmacists’ New Duty to Protect Patient’s Health Care Coverage

Progress does not come cheap, a fact no more evident than in the field of pharmacology.  The progress, of course,

Esposito Writes on Special Relationships in Tort

Schools’ Duty to Prevent Suicides: A New Special Relationship

It was a classic movie scene.  Karl Malden, playing a fire-and-brimstone preacher in Disney’s Pollyanna, has his flock squirming as his builds to his climatic line: “Death comes unexpectedly!

Malicious Prosecution Coverage Triggers From the Start

By Don R. Sampen, published, Chicago Daily Law Bulletin 

May 29, 2018

The 1st District Appellate Court recently held that the coverage trigger date for the “offense” of malicious prosecution is the commencement of the prosecution against the claimant,

10th Circuit Holds Damage To Insured’s Work Caused By Subcontractor’s Faulty Workmanship A Covered “Occurrence” Under New York Law

In Black & Veatch Corp. v. Aspen Ins. (UK) Ltd., No. 16-3359, 2018 U.S. App. LEXIS 3342, 2018 WL 843284 (10th Cir. 2018), the U.S. Court of Appeals for the Tenth Circuit,