Showing all results for category “chicago law”

Don Sampen Published in the Illinois State Bar Journal April 2019 Edition

Don Sampen, a partner in our Clausen Miller Appellate Practice Group, has an article in the April 2019 edition of the Illinois State Bar Journal entitled “How to Appeal Final Judgments in Ongoing Litigation”. Don discusses the various ways a judgment can be appealed while other matters remain pending in litigation.

Loss Payee ID’d in Certificate of Insurance Can Continue Claim

By Don R. Sampen, published, Chicago Daily Law Bulletin April 9, 2019

The U.S. District Court for the Northern
District of Illinois recently held that a certificate of insurance issued by an
insurance broker identifying a loss payee for first-party coverage paved the
way for a potential claim against the broker for failing to communicate the
loss payee’s status to the insurer.

Multiple Limits on Declarations Pages Results in Stacking

By Don R. Sampen, published, Chicago Daily Law Bulletin March 26, 2019

The 5th District Appellate Court recently held that the listing of liability limits twice in the declarations pages of an automobile insurance policy required that the limits be stacked,

Filed Rate Doctrine No Bar to Rate Claims

By Don R. Sampen, published, Chicago Daily Law Bulletin March 12, 2019

On certified questions, the 5th District Appellate Court recently held that the filed rate doctrine does not bar claims against an insurance company for deceptive and unfair business practices regarding automobile insurance rates.

Greg Aimonette to Speak at National Association of Subrogation Professionals Litigation Skills Conference

Greg Aimonette will be speaking at the (NASP) National Association of Subrogation Professionals – Litigation Skills Conference in Palm Springs, California March 28 and 29th on “Pre-Suit Negotiations:  How to Maximize Your Bottom-Line Recoveries at a Fraction of Litigation Costs”.

Court Finds Malicious Prosecution Coverage Upon Exoneration

Creating a conflict with earlier Illinois appellate case law, the 1st District Appellate Court recently held that a municipality’s liability coverage for malicious prosecution was triggered upon exoneration of the claimant, not at the time the claimant was wrongfully prosecuted.

Melinda Kollross Published in DRI’s For the Defense Magazine

Clausen Miller senior partner and Appellate Practice Group Co-Chair Melinda Kollross is a featured author in the February 2019 edition of The Defense Research Institute (DRI)’s For the Defense Magazine.  Melinda’s article “Preparing Effective Appeal Assessments“ provides valuable insight into what makes for an effective appeal assessment from the client’s perspective,

Drone Technology is Taking Off – Are Insurance Companies Ready for It?

Given the explosion of drone technology in recent years, it was only a matter of time before a coverage dispute arose over the use of drones.  On December 7, 2018, that time came when the United States District Court for the Central District of California issued an opinion on whether an aircraft exclusion applied to damages sustained by a wedding guest when she walked into the photographer’s drone.  

Good Faith Covenant Assists Jilted Agent

By Don R. Sampen, published, Chicago Daily Law Bulletin 

December 11, 2018

The 1st District Appellate Court recently held that an insurance agent adequately alleged breach of the implied covenant of good faith and fair dealing against an insurance company in connection with the agent’s transfer of business to another agent.

“No-Recoupment” Default Rule in Restatement of the Law: Liability Insurance Cited by Illinois Court in Support of Ruling Dismissing Insurer Recoupment Claim

Introduction

In Gilbane, Inc. v. Liberty Ins. Underwriters, Inc., (case no. 2016‑CH‑15163) a Cook County, Illinois court dismissed an insurer’s claim for recoupment of a $7.5 million settlement payment from its policyholder based on the equitable theory of unjust enrichment.