Showing all results for category “liability insurance”

Clausen Miller Prevails in New Jersey Appellate Division Coverage Action

Thomas Jacobson and Don Sampen prevailed in a New Jersey Appellate Division action holding that an umbrella insurer had no duty to step down to cover a primary layer sublimit that was substantially below the primary policy’s occurrence limit that would otherwise apply.

A Decision of Significance: The Illinois Appellate Court, First District, Grants a Shipping Broker JNOV on Appeal Holding That There Was No Vicarious Liability Relationship Between the Shipping Broker and the Broker’s Carrier and Driver

Melinda Kollross examines an Illinois Appellate Court granting a shipping broker judgment notwithstanding the verdict on appeal, holding the shipping broker not liable for a driver’s accident because there was no agency relationship between the broker and its carrier and driver.

Insurer Does Not Have To Cover Pilot In Small Airplane Crash

By Don R. Sampen, published, Chicago Daily Law Bulletin, October 19, 2021

The 4th District Appellate Court recently gave effect to an exclusion in a liability insurance policy applicable to claims asserted by an “insured,” which included the pilot of a small plane.

Disclosure Of Umbrella Policy Not Required By State Statute

By Don R. Sampen, published, Chicago Daily Law Bulletin, August 24, 2021

The 1st District Appellate Court recently held that an Insurance Code requirement that an automobile insurer must disclose the insured’s “liability insurance policy,” did not require disclosure of the insured’s umbrella coverage when requested by a claimant seeking recovery against the insured.

Restatement of Law of Liability Insurance: The Plain-Meaning Rule

By: Amy R. Paulus and Henry T.M. LeFevre-Snee

The American Law Institute’s (“ALI”) draft Restatement of the Law of Liability Insurance’s (“Restatement”) use of “custom, practice and usage” evidence to determine the plain meaning of unambiguous terms does not find support in a majority of states,

East Coast CM Report of Recent Decisions – 2018 Vol. 2

Florida Appellate Court Expands Insureds’ Ability To Sue For Bad Faith

A Florida Appellate Court ruled that homeowners can pursue a bad faith claim against their property insurer even absent a favorable coverage ruling because the insurer’s tender of policy limits constituted a determination as to liability and damages.