CM Report of Recent Decisions – 2015 Vol. 4

October 1, 2015 / CM Reports

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.

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  • Chicago

    Illinois 60603

    10 South LaSalle Street

    Chicago, Illinois 60603

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Tyler Jay Lory

  • Irvine

    California 92614

    17901 Von Karman Avenue

    Suite 650

    Irvine, California 92614

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partners: Paige M. Neel, Kimbley A. Kearney

  • Appleton

    Wisconsin 54914

    4650 W. Spencer Street

    Appleton, Wisconsin 54914

    T: 920.560.4658 TF: 800.826.3505 F: 920.968.4650 Office Managing Partner: Patrick L. Breen

  • Stamford

    Connecticut 06902

    68 Southfield Avenue

    2 Stamford Landing Suite 100

    Stamford, Connecticut 06902

    T: 203.921.0303 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33609

    4830 West Kennedy Boulevard, One Urban Center

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Anne E. Kevlin

  • Orlando

    Florida 32801

    618 E. South Street

    Suite 500

    Orlando, Florida 32801

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  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.745.3598 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman