Showing all results for category “appellate”

Documents Dispute Not Cut-and-Dried

By Don R. Sampen, published, Chicago Daily Law Bulletin
[August 8, 2017]

The 1st District Appellate Court recently denied insurers the production of documents from their insured relevant to the insurers’ late-notice defense.

A Cautionary Tale: The Fine Line Between Practicing Civility In Law And Giving Up Your Client’s Rights

Introduction

A recent decision by the Illinois Appellate Court, Second District, illustrates the fine line attorneys must walk between showing civility and extending courtesies to opposing counsel on the one hand and unwittingly giving up valuable client rights on the other.

Statute of Limitations Frees Broker From Faulty Insurance Claims

By Don R. Sampen, published, Chicago Daily Law Bulletin
[July 13, 2017]

The 3rd District Appellate Court recently held that for statute of limitations purposes, an insured’s action against a broker for failure to procure proper insurance accrues at the time the insured receives a copy of the policy,

Insurer’s Overall Knowledge Brings Duty

By Don R. Sampen, published, Chicago Daily Law Bulletin
[June 27, 2017]

The 1st District Appellate Court recently held that an insurer had a duty to defend an additional insured based on information available to it and reflected in its claim file along with allegations in the underlying lawsuit and other documentation.

Limitations Period Tolled for Procurement Action Against Agent

By Don R. Sampen, published, Chicago Daily Law Bulletin
[June 13, 2017]

The 1st District Appellate Court recently held that the two-year statute of limitations applicable to an insured’s cause of action against an insurance agent is tolled by the discovery rule until denial of coverage by the insurer.

Extrinsic Evidence Can Play Role for Insurer

By Don R. Sampen, published, Chicago Daily Law Bulletin [November 15, 2016]

The 7th U.S. Circuit Court of Appeals, construing Illinois law, recently held that an insurer, in a declaratory judgment setting,

Policy Language Excludes Breach Of Contract

The 7th U.S. Circuit Court of Appeals recently rejected coverage under a liability insurance policy issued to an interstate motor carrier for a compensation claim asserted against the carrier by a contract driver and, in the process,

Tightly Written Policy Shields Insurer From Damaging TCPA Claims

The 1st District Appellate Court recently held that an insured was not entitled to coverage for a settlement of class-action claims brought under the Telephone Consumer Protection Act of 1991, 47 U.S.C. Section 227, et seq.

Duty To Defend Insured In Civil Case Terminated With Criminal Conviction

The 1st District Appellate Court recently held that allegations in an underlying complaint against an insured sufficiently alleged negligence so as to require the insurer to defend, but that the duty to defend ended once the insured was criminally convicted of the alleged conduct.

Woman Finds Husband’s Lapsed Life Insurance Policy Can’t Be Resurrected

The U.S. District Court for the Northern District of Illinois recently held that a lapsed life insurance policy could not be reinstated after the death of the insured, despite an alleged representation by the insurer’s agent that it would be.