Showing all results for category “appellate”

Court Finds 11-month Delay In Giving Notice May Not Be ‘Late’

October 18, 2022 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, October 18, 2022

The 2nd District Appellate Court recently reversed a finding that an 11-month delay in giving notice of an injury to an insurer constituted late notice,

CM Report of Recent Decisions – 2022 Volume 3

October 18, 2022 / CM Reports

Cover: Downtown Houston, TX

SIDEBAR – Nuclear Verdicts Are Becoming Thermonuclear Verdicts: A Suggestion For Combatting Them

Some commentators have defined a “nuclear verdict” as a verdict of $10 million or greater.

If At First You Don’t Succeed On A Post-Trial Motion—Take An Appeal! More Tales From The Minefield Of Post-Trial And Appellate Practice

October 12, 2022 / CM Reports / Writing and Speaking

By Melinda S. Kollross

The Seventh Circuit’s recent decision in Word Seed Church & Civil Liberties for Urban Believers v. Homewood, 43 F.4th 688 (7th Cir. 2022), again shows why only experienced appellate advocates should navigate the minefield of post-trial and appellate litigation.

Sidebar – Nuclear Verdicts Are Becoming Thermonuclear Verdicts: A Suggestion For Combatting Them

October 12, 2022 / CM Reports / Writing and Speaking

By Melinda S. Kollross

Some commentators have defined a “nuclear verdict” as a verdict of $10 million or greater. Based upon recent verdicts, however, that definition may need changing. 

The Thermonuclear Verdict

Two recent verdicts show that things are getting worse on the defense front and not better. 

Insured Not Liable For Declining To Settle Within Its Self-insured Retention

September 23, 2022 / CM Reports / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, September 20, 2022

Applying Illinois law, the 7th U.S. Circuit Court of Appeals recently held that an umbrella insurer had no cause of action against an insured for failure to settle within the insured’s retained limit. 

Court: No Recovery Allowed Under Life Insurance Policy Used For ‘Wagering’

September 6, 2022 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, September 6, 2022

The 7th U.S. Circuit Court of Appeals, applying Illinois law, recently held that a life insurance arrangement in which the insured purchased the policy through non-recourse loans and eventually assigned the policy benefits to others,

Clausen Miller Attorneys Analyze COVID-19 Business-Interruption Case for CLM Magazine

August 16, 2022 / Writing and Speaking

Ian R. Feldman, Amy R. Paulus, Melinda S. Kollross and Tami Kay Lee analyzed an influential case for CLM Magazine regarding insurance coverage during pandemic shutdown orders.

Court OKs Settlement Between Claimant, Insured Represented By Same Counsel

August 9, 2022 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, August 9, 2022

The 1st District Appellate Court recently held that a $6 million settlement agreement between a claimant and insured was reasonable and in good faith even though both parties were represented by the same attorneys.

Update: Insurers Continue To Succeed On Appeal On COVID-19 Property Claims

July 26, 2022 / CM Reports / Writing and Speaking

By Melinda S. Kollross

The body of federal and state appellate precedent keeps growing, with nearly every appellate tribunal holding that there is no property insurance coverage for pandemic related economic losses in the absence of physical loss or damage.

Claimant’s ‘Public Safety’ Allegation Construed As Avoiding Auto Exclusion

June 7, 2022 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, June 7, 2022

The 1st District Appellate Court recently held that the auto and commercial general liability insurer for a sub-subcontractor owed not just auto coverage but also CGL coverage for an additional insured subcontractor,

  • 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: Carl M. Perri

  • Mission Viejo

    California 92691

    27285 Las Ramblas

    Suite 200

    Mission Viejo, California 92691

    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: Dennis D. Fitzpatrick

  • 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

  • Houston

    Texas 77019

    2929 Allen Parkway

    American General Center, Suite 200

    Houston, Texas 77019

    T: 346.229.4612 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Boca Raton

    Florida 33434

    7777 Glades Road

    Suite 405

    Boca Raton, Florida 33434

    T: 561.765.5305 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick