Showing all results for category “insurance”

Tom Moody Granted Summary Judgment for Client in Insurance-Policy Dispute

Clausen Miller attorney Tom Moody recently obtained summary judgment for his client against a lawsuit alleging breaches of an insurance policy.

Cook County Judge Rules Illinois Prejudgment Interest Statute Unconstitutional

By Thushan M. Sabaratnam & Morgan A. Dilbeck

A recent Cook County Circuit Court ruling finds that a prejudgment interest statute requiring a defendant to extend a settlement offer within one year of plaintiff filing a major tort claim, including personal injury and wrongful death, violates the Illinois Constitution.

Obligation Found For Allegations ‘Straddling’ Vicarious Liability

By Don R. Sampen, published, Chicago Daily Law Bulletin, September 7, 2021

The 7th U.S. Circuit Court of Appeals recently held that an additional insurer owed a defense to an additional insured covered only for vicarious liability,

CM Report of Recent Decisions – 2020 Volume 1

Using The Special Interrogatory In Illinois Civil Jury Trials—A Plan Of Action

The plaintiff ’s bar—especially the plaintiff’s personal injury bar—has been clamoring for years in Illinois to abolish the special interrogatory. Plaintiff’s lawyers don’t like the special interrogatory because it places a much needed check on a jury’s rendition of a general verdict.

Robert Stern to Present Fire Scene Preservation and Subrogation Webinar with Envista Forensics

Robert Stern will be co-presenting a continuing education
approved webinar entitled “Fire Scene Preservation and Subrogation” on Friday,
February 28 at 1:00 PM Central Standard Time.

This course is
designed for insurance and legal professionals on matters involving scene
preservation,

Malicious Prosecution Policy Tied to Time of Wrongful Deed, Not Later

By Don R. Sampen, published, Chicago Daily Law Bulletin December 17, 2019

The Illinois Supreme Court recently held that an occurrence policy for malicious prosecution provides coverage during the policy period in which the wrongful prosecution takes place,

Absent Claimant Not Bound by Coverage Judgment in Prior Suit

By Don R. Sampen, published, Chicago Daily Law Bulletin August 13, 2019

The 1st District Appellate Court recently
held that res judicata could not be used by an insurer to support its
no-coverage position against a claimant where the claimant was not a party to
the earlier lawsuit from which the res judicata argument arose.

Surety Finds Quia Timet Remedy Not in Play Under Contract Terms

By Don R. Sampen, published, Chicago Daily Law Bulletin July 30, 2019

The 7th U.S. Circuit Court of Appeals
recently held that a surety for a financially disabled construction contractor
was not entitled to use the common-law doctrine of quia timet for relief
against the contractor,

East Coast CM Report of Recent Decisions – 2019 Volume 2

The Fine Line Between The Duty To Defend And The Duty To Indemnify

The United States Court of Appeals for the Second Circuit affirmed a May 22, 2018, decision and order of the United States District Court for the District of Connecticut that found the language of an indemnity provision in a contract did not obligate United Illuminating Company (“United”) to indemnify Metro North Transportation Authority and Metro-North Commuter Railroad Company (collectively “Metro- North”) for the cost of defending against a personal injury suit because the intent of the language was to provide indemnification only for injuries actually caused by Metro- North.

Clausen Miller P.C. Opens San Francisco Office

Clausen Miller has expanded its ability to
service clients in California by opening a new office in San Francisco located
at 100 Pine Street Suite 1250.  With the addition of Clausen Miller’s new
Bay Area office,