Showing all results for category “appellate”

Despite Policy, Negligence Claim Snares Insurer

The 1st District Appellate Court recently held that an insurer had a duty to defend an insured under a homeowner’s policy, despite allegations in the underlying complaint that the insured intentionally drugged and raped the plaintiff’s deceased daughter before she died from a drug overdose,

Kearney Wins Summary Judgment In New York Appellate Division

The decision of New York’s Appellate Division, First Department in Atkins v. Flat Rate Moversexemplifies the success that can be achieved by appealing the denial of summary judgment in those jurisdictions that permit it.

Verbal OK Found Good Enough For Coverage

The 7th U.S. Circuit Court of Appeals, construing Illinois law, recently held that a policy provision requiring issuance of a certificate of insurance for additional insured status did not necessarily mean that the certificate had to issue before the occurrence giving rise to the additional insured’s claim for coverage.

CM Partners Victorious On Appellate Rehearing

In Stuckey v. The Renaissance at Midway, CM partners Rodd Elges and Melinda Kollross recently succeeded in the difficult task of convincing an appellate court to reverse itself on rehearing. The case involved interpretation of the Illinois Mental Health and Developmental Disabilities Confidentiality Act.

Successor To Principal On Surety Bond Has Duty To Make Good To The Surety

The 2nd District Appellate Court recently held that the successor in interest to a bankrupt developer under an annexation and development agreement between the developer and city of Elgin was potentially obligated to the developer’s surety upon the successor’s default under the agreement.

East Coast CM Report of Recent Decisions – 2016 Vol. 1

Articles in this report

Bailees Who Purport To Exempt Themselves From All Liability, Even For Their Own Negligence, Run Afoul Of UCC 7-204
In XL Specialty Ins. Co. v. Christie’s Fine Art. Stor.

CM Report of Recent Decisions – 2016 Vol. 1

Articles in this report

*SIDEBAR: Appeals Of Denials Of Summary Judgment In New York: A Powerful Weapon In The Litigation Arsenal
New York is a unique jurisdiction of opportunity in that non-final trial court orders,

5th District Declares Duty To Deliver On Equitable Relief, Future Harm Tenders

he 5th District Appellate Court recently held that an insurer had a duty to defend an insured sued in a complaint seeking declaratory relief, which also sought “other relief,” apparently for future property damage, and further held that the animal pollution alleged in the complaint was not “traditional”

7th Circuit Affirms, Puts Quick End To Life Insurance Investment Scheme

By Don R. Sampen, published, Chicago Daily Law Bulletin [December 3, 2015]

The 7th U.S. Circuit Court of Appeals recently held illegal under Illinois law the purchase of life insurance for investment purposes and awarded the plaintiff insurer its litigation expenses incurred in the voiding of the policies.

No Replacement Costs On Coverage Where Property Repairs Not Completed In Time

The 1st District Appellate Court recently held that a property owner was not entitled to recover more than the actual cash value for property damage because he had failed to complete the repairs within the time limit for recovering the higher-than-cash-value replacement cost,