CM Report of Recent Decisions – 2020 Volume 1

Using The Special Interrogatory In Illinois Civil Jury Trials—A Plan Of Action

The plaintiff ’s bar—especially the plaintiff’s personal injury bar—has been clamoring for years in Illinois to abolish the special interrogatory. Plaintiff’s lawyers don’t like the special interrogatory because it places a much needed check on a jury’s rendition of a general verdict. But now that Illinois has a Democratic Governor, plaintiffs’ lawyers got their wish to do away with the special interrogatory. But now that Illinois has a Democratic Governor, plaintiffs’ lawyers got their wish to do away with the special interrogatory.

Illinois Coronavirus Lawsuit Implicates Healthcare And Employment Practices Liability Concerns

As noted in the ongoing blitz of professional and news commentaries, the COVID-19 pandemic spans numerous legal practice areas, from force majeure clauses, to first-party property insurance claims, to premises and professional liability defense. Clausen Miller attorneys have been working around the clock to assist our clients in navigating emerging issues and claims, including the formation of key coronavirus task forces and monitoring of significant coronavirus litigation nationwide.

California Appellate Court Holds Employer Is Not Liable For Employee’s Negligence

Per The “Going-And-Coming” Rule In Bingener v. City of Los Angeles, 2019 Cal.App. LEXIS 1313, California’s Second Appellate District analyzed vicarious liability issues pertaining to negligence by an employee during the employee’s commute to work. In affirming summary judgment in favor of the defendant employer, the Court clarified the scope of the “going-and-coming” rule exempting employers from vicarious liability for employee negligence during commutes.

Clausen Miller’s First-Party Property COVID-19 Task Force

As COVID-19 continues to impact all corners of the globe, we are not simply throwing together blurbs for Twitter, but rather carefully listening to the needs of our clients who are already facing insurance claims arising out of the Coronavirus.

New Jersey Considers COVID-19 Legislation Compelling Insurers To Pay Business Interruption Coverage Due To Coronavirus

New Jersey recently introduced Assembly Bill 3844, which would require insurers to provide business interruption coverage to companies with less than 100 eligible employees, defined as those who work at least 25 hours a week, as a result of the coronavirus. After making payments, insurers could then apply for relief and reimbursement from the state’s Commissioner of Banking and Insurance.

Eighth Circuit Holds “Rubble Zone” Not Part Of “Building”; Dome-Outs Not Covered

The United States Court of Appeals for the Eighth Circuit holds that the “rubble zone” above a limestone slab forming the ceiling of an underground storage facility was not part of a “building” under the terms of a primary policy issued by Westchester Surplus Lines Insurance Company (“Westchester”). Accordingly, destabilization of the rubble zone did not constitute “building decay”, and claims involving several “dome-outs” of the storage facility’s ceiling caused by that rubble zone destabilization were not covered under the subject policy.

Failure To Adequately Investigate Liquor Liability Claim Subjects Insurer To Liability Under Massachusetts Unfair Claims Settlement Statute— Including Treble Damages

The First Circuit Court of Appeals holds that an insurer’s failure to adequately investigate a liquor liability claim against its insured, a nightclub, after one of its dancers was involved in a serious auto accident subjected it to liability under the Massachusetts General Laws c. 93A, section 9 and c. 176D, sections 3(9)(d) and 3(9)(f).