CM Report of Recent Decisions – 2015 Vol. 4

Articles in this report

*SIDEBAR: Six-Person Juror Law Held Unconstitutional By Illinois Trial Court
In Volume 4 of our 2014 CM Report, CM partners Scott Ritchie and Sava Vojcanin alerted our friends in the industry to a new piece of legislation reducing the number of jurors in trials from twelve to six. As Scott and Sava reported, this legislation reducing the number of jurors was opposed by the defense bar–and for good reason…

IMG Worldwide Revisited: Equitable Indemnity In Favor Of Excess Insurer Against Settled Primary Insurer The Only Rational Result
As we previously reported, the Sixth Circuit Court of Appeals issued an opinion in July 2014 with adverse implications for excess insurers, when it required an excess insurer to pay to a policyholder nearly $8 million in defense costs for a claim that the primary insurer covered but wrongfully denied.

A Bad Cellular Connection: Employee Work-Related Cell Phone Usage At The Time Of An Accident Is Generally Sufficient Grounds For Employer Vicarious Liability
Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency–respondeat superior--the responsibility of the superior for the acts of the subordinate.

Insurer That Fails To Accept Additional Insured’s Defense Within 30 Days Of Complaint Filing Breaches Duty To Defend And Loses Right To Control Defense
The Northern District of California rules that an insurer has 30 days from the date the complaint is filed against the additional insured to accept the defense, otherwise it breaches the duty to defend and loses the right to control the defense.

Timing Of Certificate Of Insurance Not Relevant To Additional Insured Status
Blanket additional insured endorsements to CGL policies usually require that the named insured enter into a written agreement to add the prospective additional insured to the policy prior to the occurrence giving rise to coverage. If the necessary writing is otherwise lacking, an issue is sometimes presented whether a certificate of insurance fulfills the requirement–typically not, at least in Illinois.

Download this publication as a PDF