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The law is always changing. Clausen Miller stays informed so that our clients are, too. We are counselors and litigators. And, we are also educators. We present at industry conferences and in the boardrooms of our clients’ offices. As thought leaders, we write on cutting edge developments–about things that our clients need for their work.

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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.

The Frye v. Daubert Saga Continues; Florida Supreme Court Adopts Daubert Standard

July 29, 2019 / Writing and Speaking

Introduction

The Daubert standard has found favor in most U.S. courts as encouraging expert opinions based on more reliable methods. Nevertheless, in October 2018, Florida’s Supreme Court rejected Daubert as the standard,

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.

Possible Liability Proves Insufficient to Support Bad Faith Settlement Suit

July 16, 2019 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin July 16, 2019

The 7th U.S. Circuit Court of Appeals, interpreting Illinois law, recently held that an insurer did not act in bad faith despite having the opportunity to settle within its policy limit a medical-malpractice case in which a damage judgment against the insured was entered in excess of the limit.

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