When disaster strikes your business or a lawsuit is filed against you in responding to the crisis, it is easy to overlook the existence of insurance that may reimburse you for the associated expenses and damages. A delay in...more
There have been many decisions in recent months in cases involving business interruption coverage for losses caused by the SARS-CoV-2 virus and the disease it causes, COVID-19. Some decisions have been favorable to coverage,...more
I recently had occasion to read through the Illinois Surplus Line Law in detail when I noticed something interesting: surplus lines insurance companies may not be subject to the cap on bad faith damages usually applied to...more
11/15/2019
/ Bad Faith ,
Breach of Implied Contract ,
Calculation of Damages ,
Common Law Torts ,
Covenant of Good Faith and Fair Dealing ,
Damage Caps ,
Damages ,
Insurance Litigation ,
Insurance Regulations ,
Policy Terms ,
Preemption ,
State and Local Government ,
Statutory Interpretation ,
Surplus Lines Insurance
On September 23, 2019, the Seventh Circuit acknowledged a common problem with Errors & Omissions (“E&O”) insurance for professional services by finding that an overbroad breach of contract exclusion rendered coverage...more
9/28/2019
/ Appeals ,
Blue Pencil Contract Modification ,
Breach of Contract ,
Denial of Insurance Coverage ,
Design Professionals ,
Errors and Omissions Policy ,
Illusory Contracts ,
Industrial Design ,
Insurance Litigation ,
Policy Exclusions ,
Professional Services Companies ,
Reasonable Expectation of Coverage
It is rare for the federal courts of appeals to grant petitions for rehearing. See Hon. R. Arnold, “Why Judges Don’t Like Petitions for Rehearing,” 3 J. App. Prac. & Proc. 29 (2001). Current statistics are a bit hard to find,...more
In Caterpillar, Inc. v. Century Indem. Co., et al., 2019 IL App (3d) 190032, the Illinois Appellate Court, Third District, issued an opinion that highlights the need for parties to carefully consider alternate dispute...more
On July 11, 2019, in Magnetek, Inc. v. The Travelers Indem. Co., Case No. 17 C 3173, Judge Robert Gettleman of the Northern District of Illinois issued an important decision preserving insurance coverage for a former...more