CM Report of Recent Decisions – 2016 Vol. 2

Articles in this report

Sidebar: The Wisdom And Efficiency Of Having Separate Appellate Counsel Prosecute And Defend Your Insurance Coverage Appeals

We wish to caution our friends in the industry that now is certainly no time to try to “pinch pennies” and forego the wisdom and efficiency of having separate appellate counsel prosecute and defend your insurance coverage appeals.  The thinking that “why not just have trial coverage counsel” do the appeal is a misguided thought in our practice.

Duty To Defend Terminates With Criminal Conviction

When allegations of negligence are combined in an underlying complaint with allegations that the insured committed intentional bodily injury, questions sometimes arise concerning the extent of the insurer’s duty to provide a defense to the insured. In Country Mutual Insurance Co. v. Dahms, 2016 IL App (1st) 141392, the First District Appellate Court held that the insurer was required to defend, but that the duty to defend terminated once the insured was criminally convicted of the alleged conduct.

Employer Provided Leave Pursuant To The FMLA And ADA Issues

In May 2016, the Equal Employment Opportunity Commission (“EEOC”) issued a new resource document addressing the rights of employees with disabilities who seek leave as a reasonable accommodation under the American with Disabilities Act (“ADA”).

SPECIAL ALERT—FOCUS ON INDIANA: Indiana Supreme Court Clarifies Standard For Summary Judgment

In Employment Discrimination Case In Gaff v. Indiana-Purdue University of Fort Wayne, 2016 Ind. LEXIS 287 (April 22, 2016), the Indiana Supreme Court affirmed summary judgment in favor of Purdue on a cause of action for alleged retaliatory termination from employment due to discrimination brought under Title VII of the Civil Rights Act of 1964. In doing so, the Court clarified the standard for granting summary judgment on federal statutory claims brought in Indiana state court.

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