Showing all results for category “Writing and Speaking”

Illinois Supreme Court Addresses Duty to Defend Construction Defect Claims

Ilene Korey breaks down the Illinois Supreme Court’s analysis of an Illinois Appellate decision appealed by an insurer in which the Illinois Supreme Court clarified the unsettled nature of the law as to what implicates the duty to defend construction defect claims.

Illinois Supreme Court Significantly Expands UM Automobile Coverage to Include Bicyclists Injured by an UM Vehicle

By Eli B. Vine

On November 30, 2023, the Illinois Supreme Court issued Carmen Galarza v. Direct Auto Insurance Company, No. 129031. In Galarza, the Supreme Court significantly expanded Uninsured Motorist (“UM”) coverage by holding that a minor bicyclist struck by an uninsured motorist qualified as an insured even though he was not in an insured vehicle at the time of the occurrence.

Post-Appraisal Withdraw of RCV Claim Results in Windfall for Insured

Tom Moody breaks down a Florida Middle District decision holding that a policy provision limiting an insured’s recovery to the amount spent on repairs did not apply where the insured withdrew its claim to recover on a RCV basis and instead sought recovery on an ACV basis.

Third District Court of Appeal Examines a Jury Instruction on Concurrent Causation and a Policy’s “Earth Movement” Exclusion in a Claim for Damages from Rock Quarry Blasting

By Kelly M. Vogt

In an opinion filed on November 29, 2023 in Tower Hill Prime Ins. Co. v. Ivet & Mario Bermudez, Case No. 3D22-0828, the Third District Court of Appeal affirmed the final judgment entered in favor of the insured in its claim against Tower Hill for breach of contract and addressed the subject policy’s earth movement exclusion and a jury instruction on concurrent causation.

SJ Entered in Insurer’s Favor on RCV Only Claim Where No Repairs Made

Tony Pagán, Jr. analyzes a ruling by the U.S. District Court for the Southern District of Florida which highlights the differences between Replacement Cost Value and Actual Cash Value in the context of an insurance carrier’s Motion for Summary Judgment.

Florida Sixth District Court of Appeal Conflicts with Florida Fourth District Court of Appeal on Retroactive Application of 627.70152, Florida Statutes

Douglas Cohen breaks down a conflict between the Florida Sixth and Fourth District Courts of Appeal over the retroactive application of a Florida statute requiring a pre-suit notice of intent to initiate litigation to be filed before filing suit under a property insurance policy.

Appeals Court Weighs Equitable Versus Contractual Subrogation

By Don R. Sampen, published, Chicago Daily Law Bulletin, November 21, 2023

The 1st District Appellate Court recently held that an insurer was entitled to subrogate to the rights of an insured despite the fact a different insured received the insurer’s payment for loss.

Kirkpatrick v. Baxter Healthcare, 2023 IL App (2d) 230088 reminds practitioners that the practice of law can be a minefield where “the devil is usually in the details”.

Melinda Kollross analyzes an Appellate Court decision to deny relief and dismiss a plaintiff’s complaint as late due to the plaintiff’s counsel’s use of the wrong ARDC registration number when e-filing the complaint on the last day of the statute of limitations.

Supreme Court of Florida Holds Plaintiff’s Bad-Faith Settlement Does Not Qualify as Collateral Source

Zachary Sonenblum examines a Florida Supreme Court decision holding that the plaintiff’s bad-faith settlement with his auto insurer over a 2012 car accident did not qualify as a collateral source and therefore did not apply to reduce the plaintiff’s jury verdict award.

Property Insurance Held Not To Be Equivalent of ‘Reserve’

Don Sampen breaks down a 1st District Appellate Court decision that an insurer for a condo association had a duty to defend claims of inadequate insurance coverage despite a policy exclusion relating to the failure to maintain adequate reserves.