Showing all results for category “insurance defense”

Jim Swinehart Presents at DRI Insurance Coverage and Claims Institute in Chicago

May 15, 2018 / Writing and Speaking

Jim Swinehart recently gave a presentation at the DRI Insurance Coverage and Claims Institute Conference held in Chicago. His presentation was entitled “At a Loss: Concurrent Cause of Loss/Ensuing Loss Provisions” and focused on loss scenarios involving one or more cause that is covered and one or more that is excluded.

Circuit Court Of Cook County Again Rules That Policyholder Failed To Prove Primary Exhaustion In Asbestos Coverage Case

May 8, 2018 / Writing and Speaking

The Circuit Court of Cook County recently ruled that John Crane, Inc. did not demonstrate that its primary policies were exhausted and thus, any ruling regarding exhaustion of the umbrella and excess policies would be premature.

New York High Court Holds “Private” Facebook and Other Social Media Postings May Be Discoverable

May 3, 2018 / Writing and Speaking

The Court of Appeals of New York holds that even materials marked “private” by Facebook users are subject to discovery if they contain material relevant to the issues in controversy in the litigation. Forman v.

2nd Circuit Joins The List Of Federal Courts Holding That Sexual Orientation Discrimination Is A Violation Of Title VII

April 30, 2018 / Writing and Speaking

On February 26, 2018, the Second Circuit Court of Appeals issued an en banc decision in Zarda v. Altitude Express, Inc. No. 15-3775, holding that sexual orientation discrimination violates Title VII of the Civil Rights Act.

No Coverage For Counterfeit Wine Under “Valuable Possessions” Policy

April 24, 2018 / Writing and Speaking

 

“O thou invisible spirit of wine, if thou hast no name to be known by, let us call thee devil!” (Shakespeare, Othello, act II, scene 3.)

With some amusing nods to Shakespeare,

California Supreme Court Confirms SB800 As The Exclusive Remedy For Construction Defect Claims

April 24, 2018 / Writing and Speaking

Introduction

The unanimous decision by the California Supreme Court in the highly anticipated McMillin Albany, LLC v. Superior Court, No.5229762  (1/18/2018), case resolved a previous split in California law as to the boundaries of California’s Right to Repair Act,

East Coast CM Report of Recent Decisions – 2018 Vol.1

April 18, 2018 / CM Reports

“Can We Lower Our Flood Coverage?” Insurance Broker Negligent After Being Found To Have Unilaterally Lowered Flood Coverage

The Second Circuit Court of Appeals has refused to overturn two jury verdicts that found an insurance broker negligent for reducing the flood sublimit on a New York property owner’s policy prior to Hurricane Sandy,

CM Report of Recent Decisions – 2018 Vol. 1

April 17, 2018 / CM Reports

Restatement Of The Law Of Liability Insurance Makes Its Mark Prior To Approval

As we reported last issue, Clausen Miller’s Restatement of Liability Insurance Law Task Force assists insurers in understanding,

Illinois Fault Allocation Tale Of Two Statutes: A Balancing Test Gone Wrong

April 9, 2018 / Writing and Speaking

Once upon a time, Illinois had two statutes designed to equitably apportion fault and so protect minimally responsible defendants from mega-dollar judgments.  Though the statutes still stand, they don’t provide defendants in personal injury cases near the protection they were intended to give.

Pattern Instructions Show Age, Found Inadequate in Failure-to-Settle Case

April 4, 2018 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin
[April 3, 2018]

The 1st District Appellate Court recently held that Illinois Pattern Jury Instructions addressing a bad-faith claim against an insurance company for failure to settle did not accurately reflect the current state of Illinois law.

  • Chicago

    Illinois 60603

    10 South LaSalle Street

    Chicago, Illinois 60603

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Carl M. Perri

  • Mission Viejo

    California 92691

    27285 Las Ramblas

    Suite 200

    Mission Viejo, California 92691

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partners: Paige M. Neel, Kimbley A. Kearney

  • Milwaukee

    Wisconsin 53202

    250 E. Wisconsin Avenue

    Suite 1800

    Milwaukee, Wisconsin 53202

    T: 414.279.5525 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: James M. Weck

  • Stamford

    Connecticut 06902

    68 Southfield Avenue

    2 Stamford Landing Suite 100

    Stamford, Connecticut 06902

    T: 203.921.0303 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33609

    4830 West Kennedy Boulevard, One Urban Center

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick Co-Managing Partner: Kelly M. Vogt

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.287.2744 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Houston

    Texas 77019

    2929 Allen Parkway

    American General Center, Suite 200

    Houston, Texas 77019

    T: 346.229.4612 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Dallas

    Texas 75201

    325 N. Saint Paul Street

    Suite 3100

    Dallas, Texas 75201

    T: 469.942.8635 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Boca Raton

    Florida 33434

    7777 Glades Road

    Suite 405

    Boca Raton, Florida 33434

    T: 561.765.5305 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick Co-Managing Partner: Kelly M. Vogt