Rob Muriel to Moderate COVID Insurance Panel for Hispanic National Bar Association: “COVID-19 Insurance Litigation Forecast,” 2021 Annual Hispanic National Bar Association Convention, September 29, 2021. See https://hnba.com/2021-hnba-annual-convention/.7th Cir. / Med Mal: Allegation of a “Wrongful Act” Triggers Coverage. Read More »N.D. IL / COVID: Loss of Intended Use Due to COVID-19 Not “Direct Physical Loss”. Read More »Ill App 1st: Initial Disclosure of Umbrella Not Required. Read... Read More

Coverage Case Stayed Because Same Factual Dispute in Underlying Case The United States District Court for the Eastern District of California, applying California law, ordered a stay of the coverage case until the underlying state court action concludes. The coverage case involves an insurance coverage dispute between New York Marine & General Insurance Company (“New York Marine”) and its insureds.... Read More

“Special Hazards, Fluid Endorsement” Ambiguous – Total Pollution Exclusion Inapplicable The United States Court of Appeals for the First Circuit, applying Massachusetts law, reversed the district court’s finding that the relevant excess policy provisions unambiguously excluded coverage and ordered entry of judgment in favor of Performance Trans., Inc. and Utica Mutual Insurance Company (collectively “PTI”) on its breach of contract... Read More

Insurer Failed to Provide Sufficient Notice of Non-Payment The United States District Court for the Northern District of Illinois, in an opinion written by Judge Matthew Kennelly, applying Illinois law, granted Ryan and Sean Harwick’s (“Plaintiffs”) motion for summary judgment in a lawsuit against AXA Equitable Life Insurance Company (“AXA”) finding that the nonpayment notice provided by AXA did not... Read More

No Coverage for Shareholder Suits Due to Relation-Back Clause  The Eighth Circuit Court of Appeals, applying Minnesota law, affirmed the district court’s finding that a prior acts exclusion in a directors and officers liability policy barred coverage for shareholder suits stemming from an insured’s failure to disclose related-party transactions to the SEC before going public. Tile Shop Holdings, Inc. (“Tile Shop”),... Read More

N.D. IL / COVID-19: Closure due to Governor’s Orders Not “Direct Physical Loss”. Read More » Tenn. Sup. Ct. / Asbestos: Manufacturers Not Liable for Failure to Warn About the Dangers of Post-Sale Asbestos-Containing Materials. Read More » IL 1st Dist. / Notice: Report to Police 11 Days after Accident is “as Soon as Practicable”. Read More » 9th Cir. / Strict Liability: Amazon Not a Seller When Third-Party... Read More

Chicago:   Illinois Governor Pritzker announced today that Rob Muriel, who has served as the Director of the Illinois Department of Insurance since early in his administration, will be leaving public service on December 11, 2020.  “Director Muriel’s legal background and knowledge of insurance laws has been an asset to Illinois’ effective regulation of the insurance industry. He was at... Read More

Issues Facing Senior Care Policyholders Long-term care providers may be facing a “Perfect Storm” of tort and insurance risk. First, it was the ongoing assault on profit margins by regulation, “social inflation” in jury awards, and plaintiffs’ attorneys who have targeted the industry. And now, these risks are about to merge into the coronavirus crisis, creating virtually overnight existential risk... Read More

Insurers Must Pay Defense Costs Whether or Not Asbestos Claims Result in Indemnity Payments The Court of Appeals of California, applying California law, rejected the insurers’ “covered claims” argument and held the insurers must pay defense costs in all asbestos claims – both those successfully defended and those resulting in an indemnity payment. Deere & Company (“Deere”) has been sued by numerous individuals claiming personal injury... Read More