Showing all results for category “law”

Surety Finds Quia Timet Remedy Not in Play Under Contract Terms

August 7, 2019 / Writing and Speaking

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

July 31, 2019 / CM Reports

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.

CM Report of Recent Decisions – 2019 Volume 2

July 23, 2019 / CM Reports

Iowa Supreme Court Declines To Recognize A Common Law Cause Of Action For Bad Faith Against A Claims Administrator Of A Workers’ Compensation Insurer

In De Dios v. Indem. Ins. Co. of N.

‘Occurrence’ Definition Gets Special Subcontractor Angle

May 2, 2019 / Writing and Speaking

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

The 1st District Appellate Court recently defined occurrence coverage for a subcontractor on a construction project in terms of damage beyond the subcontractor’s scope of work.

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

April 15, 2019 / Uncategorized

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.

Filed Rate Doctrine No Bar to Rate Claims

March 19, 2019 / Uncategorized

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.

Melinda Kollross Published in DRI’s For the Defense Magazine

February 20, 2019 / News

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,

Clausen Miller Attorneys Named 2019 Illinois Super Lawyers

February 5, 2019 / News

Clausen Miller is pleased to announce that five attorneys were selected as 2019 Illinois Super Lawyers.

Super Lawyers recognizes attorneys who have distinguished themselves in their legal practice. The selection process is rigorous and includes independent research,

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

November 28, 2018 / News / Writing and Speaking

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.  

CM Report of Recent Decisions – 2018 Volume 3

October 16, 2018 / CM Reports

Three Federal Appeals Courts Find Coverage For Cyber-Fraud

In Spec’s Family Partners, Ltd. v. Hanover Ins. Co., No. 17-20263, 2018 U.S. App. LEXIS 17246 (2d Cir. June 25, 2018) (“Spec’s Family Partners”),

  • 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