Showing all results for category “legal”

State Insurance Department Erred With Employment Status Opinion

By Don R. Sampen, published, Chicago Daily Law Bulletin January 28, 2020

The 1st District Appellate Court
recently held that the Illinois Department of Insurance lacked authority to
decide a workers’ compensation premium dispute between an insurer and its
insured.

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,

‘Personal’ Property Damage Allegation Triggers Defense Obligation

By Don R. Sampen, published, Chicago Daily Law Bulletin January 14, 2020

The 1st District Appellate Court recently
held that an underlying construction defect complaint alleging damage generally
to “real and personal property” sufficiently alleged an “occurrence” and
“property damage,” giving rise to a duty to defend,

LeFevre-Snee Presents on Emerging Insurance Coverage Issues in the Cannabis Industry

CM attorney Henry (“Mackie”) LeFevre-Snee recently participated in
a panel discussion entitled “Emerging Insurance Coverage Issues in the Cannabis
Industry” at the 2019 CLM New York Conference & Holiday Party.

During the panel discussion,

Clausen Miller Announces the Retirement of Thomas Ryerson, Jack Hynes, and Andy Jacobson

We would like to send our warmest congratulations to three Clausen Miller partners on their recent retirement from the Firm.

• Thomas Ryerson (43 years)
• Jack Hynes (34 years)
• Andy Jacobson (23 years)

Thank you for your years of service and the invaluable
contributions you have made to the Firm.

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,

Illinois Appellate Court Delivers Illinois Defense Bar A Double Whammy On Damages: McIntyre v. Balagani, 2019 IL App (3d) 140543

The Illinois Appellate Court’s Balagani opinion shows the leeway accorded plaintiffs in maintaining claims for a decedent’s loss of future income and services. It also puts defendants between the proverbial “rock and a hard place” in trying cases involving soft damages for loss of society and companionship.

California Enacts Significant Changes to Davis-Stirling Homeowners Association Laws

On
October 12, 2019, California Governor Gavin Newsom signed Senate Bill 323 (“SB
323”) into law.  This new statute makes
significant changes to Civil Code § 4000 et seq., also known as the “Davis-Stirling
Act.” 

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.