Showing all results for category “Illinois appellate”

Governmental-action Exclusion Applied to ‘Indirect’ Damage

By Don R. Sampen, published, Chicago Daily Law Bulletin, October 3, 2023

In a case of first impression, the 3rd District Appellate Court recently held that an insured’s property damage accidentally caused by a contractor hired by a municipality to demolish a building on an adjacent lot was not covered by the insured’s commercial property policy.

The Illinois Minefield Known As Preservation of Error For Appeal—Midwest Mailing and Shipping Systems, Inc. v. Schoenberg, Finkel, Newman & Rosenberg, 2023 IL App (1st) 220562-U.

By Melinda S. Kollross

This recent Illinois Appellate decision in Midwest Mailing illustrates again the many pitfalls that can occur to those unfamiliar or untrained with preserving error for appeal in Illinois.

Bland v. Q-West, Inc. 2023 Ill. App. 2d 210683 —A “Stand Out” Decision By The Illinois Appellate Court, Second District.

By Melinda S. Kollross

The recent decision in Bland would be noteworthy just for the fact that an Illinois Appellate Court reversed a plaintiff’s personal injury verdict of $51 million and remanded the case back for a new trial.

Collateral Estoppel Prevents Insured from Denying Intent in Coverage Fight

By Don R. Sampen, published, Chicago Daily Law Bulletin, March 7, 2023

The 3rd District Appellate Court recently held that an insured’s admission of an intentional battery in a criminal case collaterally estopped the insured from claiming his alleged conduct was not intentional.

Security Consultant Reports Are Not Protected By The Medical Studies Act

By Kathleen M. Klein

Introduction 

In a case brought on behalf of an active shooter victim against a hospital, the Illinois Appellate Court, First District recently considered whether the Medical Studies Act protects a consultant report developed by a hospital consultant following an active shooter incident.

Appellate Court Holds Title Insurers Not Subject to Complete Defense Rule

By Don R. Sampen, published, Chicago Daily Law Bulletin, November 22, 2022

The 1st District Appellate Court recently held that, unlike most liability insurers, a title insurer that covers some but not all claims against an insured has no obligation to provide a defense for both the insured and uninsured claims.

Court Finds 11-month Delay In Giving Notice May Not Be ‘Late’

By Don R. Sampen, published, Chicago Daily Law Bulletin, October 18, 2022

The 2nd District Appellate Court recently reversed a finding that an 11-month delay in giving notice of an injury to an insurer constituted late notice,

SIDEBAR – No Chance For A Non-IPI Instruction On The Lost Chance Doctrine In Medical Malpractice Actions After Gretencord-Szobar v. Kokoszka, 2021 IL App (3d) 200015 and Bailey v. Mercy Hospital and Medical Ctr., 2021 IL 126748

by Melinda S. Kollross

In Gretencord-Szobar, 2021 IL App (3d) 200015, this author defended a medical malpractice defense verdict in the Illinois Appellate Court, Third District, against plaintiff’s argument that a new trial should have been ordered because the trial court refused to give a non-IPI jury instruction explaining the lost chance doctrine to the jury.