Showing all results for category “appellate”

Illinois Supreme Court Provides Definition Of ‘Insurance Producer’

The Illinois Supreme Court recently held that a statute defining a standard of care for “insurance producers” in placing coverage applies to both insurance brokers and insurer-employed agents.

The insurance applicants in Skaperdas v.

THE TRIAL MONITOR’S CORNER: “What Else You Got?”—Potentially Unpreserved Error

Trial attorneys are gifted specialists, experts at how to conduct a trial through repeated exposure and repetition. With increasing specialization in the legal field, however, they rarely have exposure to the various pitfalls or missteps that can result in unpreserved error on appeal.

Court: Insurance Certificate Did Not Trigger Additional-Insured Coverage

The 1st District Appellate Court recently held that the requirement that a subcontractor provide a certificate of insurance listing the general contractor as an additional insured failed to create coverage for the general contractor under a blanket additional-insured endorsement in the subcontractor’s liability policy.

CM Report of Recent Decisions – 2015 Volume 2

Articles in this report

!*SIDEBAR: Illinois Supreme Court Holds That Wrongful Death Via Suicide Is Not A Cognizable Action In Illinois
On May 21, 2015, the Illinois Supreme Court issued its opinion in Turcios v.

Clausen Miller Wins School Code Case Before Illinois Supreme Court

In Anthony Lutkauskas, et al. v. Timothy Ricker, et al., 2015 IL 117090, the Illinois Supreme Court unanimously affirmed dismissal of a politically charged lawsuit brought by four taxpayers against Lemont-Bromberek Combined School District 113A. 

Misrepresentation, Rescission Rights And An Innoncent Insured

The Illinois Supreme Court recently held that a material misrepresentation on a renewal application for a legal malpractice insurance policy gave rise to the insurer’s right to rescind the policy, even as to an innocent insured who was unaware of the misrepresentation.

Kollross Wins NY Coverage Appeal

Clausen Miller senior partner and Appellate Practice Group co-chair Melinda Kollross has obtained a unanimous affirmance of summary judgment for her insurer clients in Erie Ins. Co. v. Nick Radtke, et al,

Insurer Escapes Contempt For Alleged Failure To Comply

The 4th District Appellate Court recently reversed contempt sanctions against an insurer for its alleged failure to comply with orders to pay an insured’s litigation costs prior to the conclusion of coverage litigation.

The insurer in Country Mutual Insurance Co.

Court Addresses Duty To Defend Based On Ambiguous Allegations

The 1st District Appellate Court recently held that insurers had a duty to defend a manufacturer for product-related injuries allegedly arising during the insurers’ policy periods even though the insured did not manufacture or distribute the products while the policies were in force.

Lawsuit No Bar To Policy Enforcement

The 1st District Appellate Court recently held that an application for legal malpractice coverage representing that no claim against the applicant’s attorneys had been made within the preceding five years was not false even though a lawsuit had been filed within that time.