CM Report of Recent Decisions – 2015 Volume 1
Articles in this report
*SIDEBAR: The Minefield Of Summary Judgment Practice
—Building A Record Means Strict Compliance With The Rules
The Illinois Appellate Court, Fourth District, teaches that lackadaisical compliance with Supreme Court Rules regarding summary judgments is fraught with danger.
Captive Insurance Agents Owe Duty Of Care To Insureds
The Illinois Supreme Court holds that captive insurance agents are insurance producers and owe a duty of ordinary care to insureds within the meaning of 735 ILCS 5/2-2201.
Clausen Miller Obtains Significant Seventh Circuit Victory In TCE Contamination Suit
The Seventh Circuit affirmed summary judgment in favor of an insurer in an environmental insurance coverage dispute venued in the U.S. District Court for the Southern District of Indiana.
Illinois Follows Majority That Timing Of Malicious Prosecution Is What Implicates Coverage
Several Illinois courts have recently considered what policy year is implicated for damages claimed for personal injuries arising out of a malicious prosecution.
SPECIAL ALERT: Medicare Advantage Organization Wins Double Damages Against Liability Insurer
Claims for reimbursement of conditional payments from Medicare Advantage Organizations (“MAOs”) represent a growing concern for liability insurers and self-insureds. A recent Florida federal court decision demonstrates this trend.
Second Circuit Rejects Belated Attempt To Address Medicare Reimbursement In Settlement
A recent Second Circuit decision serves as the latest example of parties failing to address Medicare reimbursement during settlement negotiations.
The Minefield Of Appellate Practice Poses Dangers To Even “Silk Stocking” Law Firms—Missed Filing Deadline Sinks $40 Million Appeal
The Federal Circuit Court of Appeals holds that AT&T Inc. cannot appeal a nearly $40 million patent infringement judgment against it because its attorneys missed the appeal deadline, rejecting the “silk stocking” law firm’s argument that the District Court did not properly notify it of orders which started the appeal time running.
Melinda S. Kollross