Showing all results for category “appellate”

Defining Trigger For Malicious Prosecution

The 4th District Appellate Court recently agreed with the 2nd District—and rejected with two federal decisions—in holding that the insurer on the risk at the time of arrest and prosecution, rather than at the time of exoneration,

East Coast CM Report of Recent Decisions – 2015 Volume 3

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Acceptance Of A Check In Full Settlement Of A Claim Only Operates As An Accord And Satisfaction When The Person Receiving … Has Been Clearly Informed Of Same
In reversing an order from the trial court denying the insurer defendant’s motion for summary judgment,

CM Report of Recent Decisions – 2015 Volume 3

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*The Minefield Of Appellate Practice Revisited—In Re: Estate Of York, 2015 IL App. (1st) 132830
The authors of this Sidebar have continually recommended to our friends in the insurance and business industry the necessity of always retaining appellate practitioners to handle any appellate matters.

Kollross Wins Third Circuit Appeal For Legal Malpractice Defendants

Clausen Miller Appellate Practice Group Co-Chair Melinda Kollross has won affirmance from the Third Circuit Court of Appeals of summary judgment entered in favor of several legal malpractice clients. The Court’s unanimous decision upheld the clients’

CM Team Defeats “Due Process” Claim Against Private Medical Association

CM Appellate Practice Group Co-Chair Melinda Kollross won affirmance from the Illinois Appellate Court, First District of an order denying injunctive relief and dismissing the complaint of a physician whose diplomate status and board certification were revoked by a private medical association after the physician’s license was restricted by a state medical board.

‘Executed’ Requirement In Insurance

The 2nd District Appellate Court recently held that a general contractor was an additional insured under a subcontractor’s liability policy, even though the subcontract agreement requiring that the general to be added was not signed and only appended to a work “proposal”

Conflicting Rulings Over Hit-And-Run Coverage

Two recent decisions — one from the 1st District Appellate Court and one from the 3rd District — reached inconsistent results regarding the availability of uninsured motorist coverage when a vehicle that triggered a collision,

Court Interprets ‘Relative’ And ‘Away At School’ In Auto Policy

The 1st District Appellate Court recently held that an underinsured motorist coverage provision applicable to “relatives” residing “primarily” with “you,” including a child “away at school,” provided coverage for the child even though he did not live primarily with the insured and arguably did not intend to return to living with his parents.

Appeals Court Defines Drop-Down Duty For Umbrella Insurers

The 5th District Appellate Court recently held that, to trigger the duty of an umbrella insurer to “drop down” and defend the insured, the insurer must have actual evidence of the exhaustion of the aggregate limits of the underlying insurance policy.

Esposito Selected As Keynote Speaker

On April 7, 2015, CM Senior Counsel Paul V. Esposito was one of the keynote speakers for a presentation to the AIG Chicago Claims Advisory Board. The topic of the address was “Evening the Playing Field: Providing the Best Trial and Appellate Counsel for AIG Policyholders.”