Showing all results for category “law”

Mortgagee Entitled to Coverage Even if Insured’s Standing is Void

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

May 29, 2018

The 1st District Appellate Court recently held that the mortgagee on property covered by a homeowner’s policy was entitled to coverage for fire damage,

What’s Next Now That The Restatement Of Liability Insurance Was Approved?

By:  Colleen A. Beverly

Lawyers must stand up for the integrity of the law.  Both the insurance industry and policyholders must fight any court’s inclination to rely upon the final Restatement of the Law of Liability Insurance (the Restatement) to the extent it contravenes the common law,

Breach of Defense Duty Found Despite Insurer Argument

By Don R. Sampen, published, Chicago Daily Law Bulletin
[May 14, 2018]

The 5th District Appellate Court recently held that an insurer breached its duty to defend despite the fact that it paid more than $1 million in defense costs under a reservation.

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

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.

Don Sampen Article Published in Illinois Bar Journal

An article on the appellate process was recently published by Don R. Sampen in the March 2018 edition of the Illinois Bar Journal.  The article is entitled “A Guide to Illinois Interlocutory Appeals.  It addresses the requirements for interlocutory appeals under Illinois Supreme Court Rules 306,

Parol Evidence Barred in Coverage Case

By Don R. Sampen, published, Chicago Daily Law Bulletin
[March 6, 2018]

The 1st District Appellate Court recently upheld the validity of a broadly worded exclusion applicable to employee injuries,

Melinda Kollross Published in the February 2018 Edition of DRI’s For the Defense Magazine

Read Clausen Miller Appellate Practice Group Co-Chair Melinda Kollross’s latest feature article “Winning Your Appeal with Your ‘Statement of Facts’” published in the February 2018 edition of DRI’s For the Defense Magazine.  The article weaves together both practical procedural suggestions and creative options for crafting your factual recitation to best suit—and position you to win—your next appeal.

East Coast CM Report of Recent Decisions – 2017 Vol. 4

Have Fun And Be Wary: Three Recent Cases From The Second Department Discussing Primary Assumption Of Risk

A review of the Second Department decisions issued in the months preceding the close of 2017 revealed several interesting cases dealing with primary assumption of risk.

California Supreme Court Holds Landowner Not Liable for Obvious Danger it Does Not and Cannot Control

A landowner’s liability to its invitees hinges on whether or not a duty is imposed by law. But, mere ownership of property does not automatically equate to liability. Rather, in Vasilenko v.

Hospital Not Vicariously Liable For Acts Of Employees Of Unrelated, Independent Clinic Under Apparent Agency Theory

In a split decision, the Illinois Supreme Court holds that a hospital could not be held vicariously liable under the doctrine of apparent agency for the acts of the employees of an unrelated, independent clinic that was not a party to the litigation.