Showing all results for category “Writing and Speaking”

Ryerson Provides Commentary For Law360 Article Regarding Toxic Tort Suits

Clausen Miller P.C. senior partner Thomas H. Ryerson recently provided Law360 with commentary regarding an Illinois Appeals court’s recent ruling on Illinois Tool Works, Inc. According to Law360, the court ruled that three insurers must defend Illinois Tool Works Inc.

Kearney Co-Authors Law Review Article

CM partner Kimbley A. Kearney has co-authored “Ancient Duties, Modern Perspectives: Recent Developments In The Law Of Maintenance And Cure” which is soon to be published in the Tulane Law Review.

No Coverage For Telephone Solicitations Under Liability Policy

The 1st District Appellate Court recently held that a professional liability policy issued to an insurance broker covering negligent acts “in rendering services for others” did not cover liability arising from automated, pre-recorded telephone calls made for soliciting business.

Binding Arbitration Provision In Insurance Code Ruled Unconstitutional

By Don R. Sampen, published, Chicago Daily Law Bulletin [January 9, 2014]

Binding Arbitration Provision In Insurance Code Ruled Unconstitutional

The 1st District Appellate Court recently found unconstitutional a section of the Illinois Insurance Code requiring the mandatory binding arbitration of physical damage subrogation claims between insurers,

What’s Good for the Goose is Good for the Subrogee: When Comparative Fault May Not Reduce Subrogation Recovery

Introduction

Where comparative fault is attributable to a subrogation plaintiff, it may reduce recovery. But, just as a defendant might assert lack of foreseeability or failure of a plaintiff to meet its own obligations,

Washington Supreme Court Addresses Ensuing Loss Provisions

The Washington Supreme Court recently issued two decisions addressing ensuing loss provisions involving various exclusions in first-party property insurance policies. We provide a brief analysis below concerning these important cases.

Vision One, LLC v.

Early Notice to Adverse Parties in Subrogation

If you are a subrogation professional, you likely know that it is good practice to provide adverse ties with early notice of the loss.  Here are some reasons why:

1.To Avoid Spoliation of Evidence 

Defense counsel are often aggressive in arguing spoliation of evidence. 

Doctrine Of Superior Equitites Applied (But Questioned) in California Subrogation Case

Since 1938, California law has required that an insurer have superior equities in order to prevail in a subrogation action against a third party.  In other words, although an insurer might have a subrogation interest in the insured’s claim against the party that caused the loss,

California Supreme Court Holds Assignee Can Recover Brandt Fees

Introduction

Five Star Dye House, Inc. (Five Star) obtained a judgment against Luis Sanchez (Sanchez).  Sanchez then assigned to Five Star his rights against Essex, which had denied Sanchez’s tender of defense.  In return,