Oh, Saturday night’s alright for fighting, but you won’t get a little coverage in
12/20/24
By: Jessica Cauley
On August 27, 2024, the United States District Court for the Southern District of Florida entered an Order granting Westchester Surplus Lines Insurance Company and Illinois Union Insurance Company’s Motion for Final Summary Judgment in a declaratory …
No duty to defend finds Illinois Appellate Court under cyber policy for BIPA claim
11/11/24
By: Donald Patrick Eckler and Madeline M. Krolczyk
The Illinois Appellate Court, First District held the insurers in Tony’s Finer Foods Enterprises, Inc. v. Certain Underwriters at Lloyd’s London have no duty to defend their policyholder, Tony’s Finer Foods, against …
Insured’s lease bars carrier’s subrogation claim against tenant
11/7/24
By: Matthew Pakkala
The Michigan Court of Appeals reversed a seven-figure award obtained by a Plaintiff-subrogee, Hastings Mutual Insurance Company (“Hastings”), against a Defendant-lessee, Nidec CHS LLC (“Nidec”), resulting from a dispute over fire damage and the cost of repairs. …
Who paid whom? Illinois Supreme Court addresses an insurer’s right to contractual subrogation
10/9/24
By: Donald Patrick Eckler and Sophie Stevanovich
In Zurich American Insurance Company v. Infrastructure Engineering, Inc., 2024 IL 130242, the Illinois Supreme Court affirmed the appellate court’s decision to allow the insurance company the right to be subrogated for …
Florida court hits the brakes: Insurer does not owe duty to defend in Fojon v. Ascendant
9/9/24
By: Catherine M. Carson-Freymann
On August 28, 2024, the Florida Third District Court of Appeal ruled an insurer did not have a duty to defend in Elizabeth Fojon, Appellant, v. Ascendant Commercial Ins. Co., 3D23-1400, 2024 WL 3956889, at …
Nevada Supreme Court upholds $200 million jury verdict against health insurer
9/4/24
By: Galina Kletser Jakobson and Lisa M. Lampkin
In Sierra Health and Life Ins. Co. v. Eskew, 2024 WL3665443 (2024), an unpublished opinion, the Nevada Supreme Court upheld a jury verdict awarding $40 Million in compensatory and $160 Million …
Illinois governor signs BIPA amendment into law
8/8/24
By: Glenn A. Klinger and Jonathan Schwartz
It’s official! The Illinois’ Biometric Information Privacy Act (“BIPA”) now explicitly provides that a private entity who is alleged to have collected or disclosed a covered person’s biometrics more than one time in …
7/25/24
By: P. Betty Su
On June 5, 2024, in Lockner v. Farmers Ins. Co. of Oregon, 333 Or. Ct. App. 27 (2024), Case No. A178057, the Court of Appeals of Oregon decided that a landlord’s “all-risk” property policy did …
7/8/24
By: Donald Patrick Eckler and Shari S. Shelmadine
Patrick Eckler and Shari Shelmadine, of FMG’s Chicago office, prevailed on a matter of first impression in the Court of Appeals of Indiana, arguing that an exclusion in their client’s …
Michigan Supreme Court: No PIP benefits owed where fraud occurs during litigation
6/18/24
By: Jonathan Schwartz and Joshua W. Zhao
In Williamson v. AAA of Michigan, No. 165131, the Michigan Supreme Court held that statements made during the discovery phase of litigation can constitute fraudulent insurance acts under Michigan’s no-fault statute that …
Indiana personal injury plaintiff gets to have her cheddar biscuits and eat them too
6/12/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Red Lobster Restaurants, LLC v. Fricke, No. 23S‐CT‐304, the Indiana Supreme Court held that omission of a lawsuit from a bankruptcy asset schedule does not deprive a plaintiff of standing. …
5/13/24
By: Rachel E. Hobbs
A recent decision by California’s First Appellate District holds that a party seeking Brandt attorney fees thereby waives the attorney-client privilege regarding such fees, although attorney work product protection is not waived. In Byers v. Superior …