Showing all results for category “appellate”

THE TRIAL MONITOR’S CORNER: Evidence Of A Plaintiff’s Alcohol Consumption In Illinois–

…A Fertile Trial And Appellate Battleground

On two separate occasions over the summer months, the Clausen Miller Appellate Practice Group assisted trial counsel in high-stakes trials where the admissibility of evidence of a plaintiff’s alcohol consumption was at issue.

Melinda Kollross Co-Authors Appellate Advocacy Article Published In DRI’s For The Defense Magazine

CM Appellate Practice Group Co-Chair Melinda Kollross is featured in the October 2015 edition of DRI’s For The Defense magazine.  Their article, “Oral Argument: What It Really Takes To ‘Please The Court’ “,

Vicarious Liability Triggers Defense Duty

The 1st District Appellate Court recently held that an insurer had a duty to defend an additional insured who was entitled under the policy to coverage solely for vicarious liability, even though the underlying complaint against the additional insured included no allegation of vicarious liability.

Kollross Authors DRI Article

Clausen Miller partner and Appellate Practice Group Co-Chair Melinda Kollross has authored a feature article published in the October 2015 edition of the Defense Research Institute (“DRI”)’s “For The Defense” magazine. The article, entitled “Oral Argument: What It Really Takes To ‘Please The Court’”,

Court Allows Reformation Of Doctors’ Policy, Rejects Coverage

The U.S. District Court for the Northern District of Illinois recently allowed reformation of professional liability claims-made policies to conform to the retroactive dates for additional insureds to the dates for the named insured, notwithstanding the insureds’

Stage Set For Supreme Court Review of Dodd-Frank Whistleblower Provision

Congress passed The Dodd-Frank Wall Street Reform and Consumer Protection Act in direct reaction to the financial crisis caused by the collapse of the U.S. housing market in 2008. Clausen Miller is on the cutting edge of legal issues raised by the Act and its attorneys have published scholarly articles on this topic,

Telephone Act Claim Not Covered Under Policy’s Cyberclaims Endorsement

The 1st District Appellate Court recently held that a cyberclaims endorsement to a medical professional liability policy provided no coverage for a Telephone Consumer Protection Act claim.

The insurer in Doctors Direct Insurance Inc.

Worker Driving His Mother’s Car Entitled To Employer’s Auto Coverage

The 1st District Appellate Court recently held that an employee on his way to work in his mother’s automobile was entitled to his employer’s liability automobile coverage because the employee was using the automobile “in connection with”

Court Construes Ensuing-Loss Clause In Property Policy

The 1st District Appellate Court recently construed a first-party property insurance policy exclusion for faulty workmanship, with an ensuing loss exception, to allow coverage for inventory damaged by debris that fell during a roof replacement project at a carpet store.

‘Actual Notice’ For An Omnibus Insured

A federal court construing Illinois law recently held that the rule potentially obligating an insurer to defend its insured upon “actual notice” of the underlying lawsuit might apply even where the insurer provided coverage for an omnibus insured,