Seth Lamden Presenting on Construction Defects and Insurance Disputes

On September 11, 2014, Seth D. Lamden, a partner in the Insurance Policyholder practice group, will present to AACE International - Chicago Midwest Section. His presentation is titled "Construction Defects and Insurance Disputes."

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Be Careful What You Promise in Your Company’s Privacy Policy!

Bill Boeck, Senior Vice President, Insurance & Claims Counsel for Lockton Financial Services, originally writing as a Guest Post for the D&O Diary Blog, made me raise my eyebrows when I first read this post, entitiled “Mergers, Acquisitions, and Data Privacy:  The FTC is Watching.”  Here Bill wisely cautioned companies to be careful what they promise in their company’s privacy policy, because regulatory agencies, like the Federal Trade Commission (“FTC”) are paying attention.  For example, they are paying attention to transactions involving the sale of assets where the seller is pro

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Jill Berkeley to Present at the 2014 Aon Law Firm Symposium

Jill B. Berkeley, chair of the Insurance Policyholder practice group, will present at the 2014 Aon Law Firm Symposium. Jill will be a panelist during the presentation titled "How Well Do You Know Your Lawyers' Professional Liability Policy?" on October 15, 2014, from 1:45-2:45 p.m.

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Oops, Insurer’s Poorly Drafted Language Applied As Written; Double Oops, Insured Can’t Complain When New York Law is Applied After It Chose to Reject Missouri Tax

An insured under an errors and omissions policy gives timely notice of circumstances during the policy period in effect when it first became aware of its potential civil liability. The E&O insurer acknowledges notice. Many years later, the insured is sued, but it waits almost two years before it gives notice of the suits. Believe it or not, this happens more often than you would imagine.

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Looking for Illinois Insurance Case Law? One-Stop Shopping

If you are not using the Insurance Case Law Index regularly to check on Illinois insurance cases, you are missing out on a great resource. Now summarizing over 1,890 Illinois state and federal case citations, holdings and summaries accumulated since 1986, it serves as a free research tool for easy access to Illinois coverage precedent. Search by name of Case, Words & Phrases, Year or Keyword, and the results will yield a record with the case name, citation, indexed issue, holding and name of trial or appellate judges.

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"Non-Trivial Probability" of Excess Judgment Obligates Insurer to Pay for Independent Defense Counsel

The court in Perma-Pipe, Inc. v. Liberty Surplus Insurance Corporation, Case No. 13 C 2989, 2014 U.S. Dist. LEXIS 54867 (N.D. Ill. April 21, 2014), held that a CGL insurer breached its duty to defend by refusing to pay for independent defense counsel selected by the insured when the insured faced "a nontrivial probability" of a judgment in the underlying litigation in excess of its policy limits.  

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State Farm’s Relentless Pursuit to Deny Coverage for TCPA Cases

As policyholder lawyers, one can usually count on a few basic mistakes that insurers will make. First, they wrongfully deny coverage and fail to defend. They abandon their insured who is then left to its own devices to protect itself. The policyholder enters into a consent judgment or settlement with the plaintiff and then the plaintiff agrees to pursue collection only from the insurer. Given that the denial was wrongful and the settlement was reasonable, the insurer pays.

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Insurance Policyholder Partner Jill Berkeley Elected to ACCEC Board of Regents

Jill B. Berkeley, a partner at Neal, Gerber & Eisenberg LLP, was recently selected to serve as a member of the American College of Coverage and Extracontractual Counsel’s (ACCEC) Board of Regents.

The ACCEC, established in 2012, is composed of preeminent coverage and extracontractual counsel in the U.S. and Canada selectively nominated by their peers, representing the interests of both insurers and policyholders. 

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No Reasonable Person Would Believe Contract Exclusion Applies to Wrongful Eviction

In John Doyle Trust, et al. v. Country Mutual Insurance Co., 2014 IL App (2d) 121238, the Illinois appellate court affirmed summary judgment entered against Country Mutual, finding it owed its insured landlords a defense for a wrongful eviction action. That ruling is hardly surprising, but the insurer’s attempt to deny coverage is what makes me want to get up on my soapbox.

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