Showing all results for category “Writing and Speaking”

Mortgagee Entitled to Coverage Even if Insured’s Standing is Void

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

May 29, 2018

The 1st District Appellate Court recently held that the mortgagee on property covered by a homeowner’s policy was entitled to coverage for fire damage,

What’s Next Now That The Restatement Of Liability Insurance Was Approved?

By:  Colleen A. Beverly

Lawyers must stand up for the integrity of the law.  Both the insurance industry and policyholders must fight any court’s inclination to rely upon the final Restatement of the Law of Liability Insurance (the Restatement) to the extent it contravenes the common law,

Breach of Defense Duty Found Despite Insurer Argument

By Don R. Sampen, published, Chicago Daily Law Bulletin
[May 14, 2018]

The 5th District Appellate Court recently held that an insurer breached its duty to defend despite the fact that it paid more than $1 million in defense costs under a reservation.

Jim Swinehart Presents at DRI Insurance Coverage and Claims Institute in Chicago

Jim Swinehart recently gave a presentation at the DRI Insurance Coverage and Claims Institute Conference held in Chicago. His presentation was entitled “At a Loss: Concurrent Cause of Loss/Ensuing Loss Provisions” and focused on loss scenarios involving one or more cause that is covered and one or more that is excluded.

Circuit Court Of Cook County Again Rules That Policyholder Failed To Prove Primary Exhaustion In Asbestos Coverage Case

The Circuit Court of Cook County recently ruled that John Crane, Inc. did not demonstrate that its primary policies were exhausted and thus, any ruling regarding exhaustion of the umbrella and excess policies would be premature.

New York High Court Holds “Private” Facebook and Other Social Media Postings May Be Discoverable

The Court of Appeals of New York holds that even materials marked “private” by Facebook users are subject to discovery if they contain material relevant to the issues in controversy in the litigation. Forman v.

2nd Circuit Joins The List Of Federal Courts Holding That Sexual Orientation Discrimination Is A Violation Of Title VII

On February 26, 2018, the Second Circuit Court of Appeals issued an en banc decision in Zarda v. Altitude Express, Inc. No. 15-3775, holding that sexual orientation discrimination violates Title VII of the Civil Rights Act.

No Coverage For Counterfeit Wine Under “Valuable Possessions” Policy

“O thou invisible spirit of wine, if thou hast no name to be known by, let us call thee devil!” (Shakespeare, Othello, act II, scene 3.)

With some amusing nods to Shakespeare,

California Supreme Court Confirms SB800 As The Exclusive Remedy For Construction Defect Claims

Introduction

The unanimous decision by the California Supreme Court in the highly anticipated McMillin Albany, LLC v. Superior Court, No.5229762  (1/18/2018), case resolved a previous split in California law as to the boundaries of California’s Right to Repair Act,

Illinois Fault Allocation Tale Of Two Statutes: A Balancing Test Gone Wrong

Once upon a time, Illinois had two statutes designed to equitably apportion fault and so protect minimally responsible defendants from mega-dollar judgments.  Though the statutes still stand, they don’t provide defendants in personal injury cases near the protection they were intended to give.