Showing all results for category “Writing and Speaking”

Ongoing Coverage Dispute Unable to Shield Insurer from Opening its Books under Bankruptcy Court Rule 2004

By Andrew J. Banathy

A Southern District of New York bankruptcy court issued a subpoena for a Rule 2004 examination to Arrowood Indemnity Insurance Company (“Arrowood”) after request was made by a group of unsecured creditors to a bankruptcy estate.

Illinois Appellate Court Reverses Trial Court Ruling Insurer Owed No Duty to Defend Condo Board Under D&O Coverage: “Reserves” Exclusion Does Not Apply to Condo Owners’ Claims of Underinsurance

By Thushan M. Sabaratnam

In Truck Insurance Exchange v. Ulman, 2023 IL App (1st) 220804, the Illinois Appellate Court, First District, reversed a judgment on the pleadings and declaration an insurer owed no duty to defend a condo association’s directors under the condo policy’s Directors &

Southern District of Florida Dismisses Insured’s Complaint for Failure to State a Claim

The U.S. District Court for the Southern District of Florida granted an insurer’s motion to dismiss an insured’s claim for breach of an insurance policy, holding that the insured did not sufficiently allege a cause of action.

Southern District of Florida Holds that Fl. Stat. § 627.70152 May Be Applied Retroactively

Douglas Cohen examines a Southern District of Florida ruling in which the Court held that the pre-suit notice requirement of a Florida statute applied retroactively in a Hurricane Irma first party property claim and dismissed the plaintiff’s lawsuit.

Claims-handling Discrimination May Trigger FHA Liability: Court

The U.S. District Court for the Northern District of Illinois held that State Farm’s handling of an insured’s property damage claims may constitute discrimination under one section of the Federal Housing Act. Don Sampen breaks down the case for the Chicago Daily Law Bulletin.

Third District Court of Appeal Orders New Trial for Insurer Following Admission of Incorrect Value of Damages by Insured

Kelly Vogt breaks down a 3rd District Court of Appeal decision ordering a new trial for an insurer after finding that the trial court allowed an insured to present evidence on the replacement cost value of damages rather than the actual cash value.

Northern District of Florida Denies Attorney’s Fees for Premature Suit

Doug Cohen analyzes a Northern District of Florida decision to deny a plaintiff an award of attorney’s fees, holding that the defendant’s timely payment of an appraisal award after suit was prematurely filed did not amount to a confession of judgement.

Governmental-action Exclusion Applied to ‘Indirect’ Damage

By Don R. Sampen, published, Chicago Daily Law Bulletin, October 3, 2023

In a case of first impression, the 3rd District Appellate Court recently held that an insured’s property damage accidentally caused by a contractor hired by a municipality to demolish a building on an adjacent lot was not covered by the insured’s commercial property policy.

A Decision of Significance: The Illinois Appellate Court, First District, Grants a Shipping Broker JNOV on Appeal Holding That There Was No Vicarious Liability Relationship Between the Shipping Broker and the Broker’s Carrier and Driver

Melinda Kollross examines an Illinois Appellate Court granting a shipping broker judgment notwithstanding the verdict on appeal, holding the shipping broker not liable for a driver’s accident because there was no agency relationship between the broker and its carrier and driver.

A Special Note on Illinois Supreme Court’s Treatment of Mason v. St. Vincent’s Home, Inc., 2022 IL App (4th) 210458 in Clanton v. Oakbrook Healthcare Centre, 2023 IL 129067

By Melinda S. Kollross

The Illinois Supreme Court’s recent opinion in Clanton v. Oakbrook Healthcare Centre, 2023 IL 129067, overruled the defense decision in Mason v. St. Vincent’s Home,