Showing all results for category “Writing and Speaking”

Telephone Act Claim Not Covered Under Policy’s Cyberclaims Endorsement

The 1st District Appellate Court recently held that a cyberclaims endorsement to a medical professional liability policy provided no coverage for a Telephone Consumer Protection Act claim.

The insurer in Doctors Direct Insurance Inc.

Worker Driving His Mother’s Car Entitled To Employer’s Auto Coverage

The 1st District Appellate Court recently held that an employee on his way to work in his mother’s automobile was entitled to his employer’s liability automobile coverage because the employee was using the automobile “in connection with”

Court Construes Ensuing-Loss Clause In Property Policy

The 1st District Appellate Court recently construed a first-party property insurance policy exclusion for faulty workmanship, with an ensuing loss exception, to allow coverage for inventory damaged by debris that fell during a roof replacement project at a carpet store.

‘Actual Notice’ For An Omnibus Insured

A federal court construing Illinois law recently held that the rule potentially obligating an insurer to defend its insured upon “actual notice” of the underlying lawsuit might apply even where the insurer provided coverage for an omnibus insured,

Defining Trigger For Malicious Prosecution

The 4th District Appellate Court recently agreed with the 2nd District—and rejected with two federal decisions—in holding that the insurer on the risk at the time of arrest and prosecution, rather than at the time of exoneration,

‘Executed’ Requirement In Insurance

The 2nd District Appellate Court recently held that a general contractor was an additional insured under a subcontractor’s liability policy, even though the subcontract agreement requiring that the general to be added was not signed and only appended to a work “proposal”

Kearney Published In Tulane Law Review

The Tulane Law Review has published “Ancient Duties, Modern Perspectives: Recent Developments in the Law of Maintenance and Cure” by CM partner Kimbley Kearney. Kim presented the paper at Tulane’s prestigious Admiralty Law Institute earlier this year.

Conflicting Rulings Over Hit-And-Run Coverage

By Don R. Sampen, published, Chicago Daily Law Bulletin [June 3, 2015]

Two recent decisions — one from the 1st District Appellate Court and one from the 3rd District — reached inconsistent results regarding the availability of uninsured motorist coverage when a vehicle that triggered a collision,

Court Interprets ‘Relative’ And ‘Away At School’ In Auto Policy

The 1st District Appellate Court recently held that an underinsured motorist coverage provision applicable to “relatives” residing “primarily” with “you,” including a child “away at school,” provided coverage for the child even though he did not live primarily with the insured and arguably did not intend to return to living with his parents.

Appeals Court Defines Drop-Down Duty For Umbrella Insurers

The 5th District Appellate Court recently held that, to trigger the duty of an umbrella insurer to “drop down” and defend the insured, the insurer must have actual evidence of the exhaustion of the aggregate limits of the underlying insurance policy.