Matthew F. Policastro

Does an insurer that issued a commercial general liability policy owe a duty to defend an architect in a malpractice claim? The US Court of Appeals for the Seventh Circuit recently held, yes. We provide a roadmap for the Court’s controversial decision. https://buff.ly/41KcSkk

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Defense and indemnification agreements are at the core of the insurance industry, but the duties and obligations vary from one contract to the next, especially where sophisticated intermediaries are involved. Applying Indiana law, the U.S. Court of Appeals for the Seventh Circuit recently clarified whether a contract required a tender of defense before settling claims against it or merely notice of the claim. AXIS Insurance Company v. American Specialty Insurance & Risk Services, 111 F.4th 825 (7th Cir. 2024). Reversing the district court, which had found the contract required either approval of the settlement or assumption of the defense, the appellate court held that the contract requires notice, but settlement decisions remain with the indemnitee. It further held that under Indiana law, tender of defense is not implied in an indemnification agreement. Therefore, the appellate court found no reason to read into the contract another restriction not agreed upon by the parties. Read more ➡️ https://lnkd.in/gnB-ypT7 Authored by Andrew Symns

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In our latest #FMG blog, we discuss a recent Illinois Appellate Court ruling that underscores the importance of establishing personal jurisdiction before seeking jurisdictional discovery. The court emphasized that plaintiffs must provide sufficient information in their pleadings, reinforcing the principle of “pleading first, discovery later.” FMG authors: Donald Patrick Eckler and Madeline Krolczyk https://bit.ly/4gxCndH #FMGLaw #IllinoisLaw #TortandCatastrophicLoss #personaljurisdiction

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Our most recent #FMG blog delves into a Michigan Supreme Court case which demonstrates that misrepresentations during the discovery phase of litigation can negate personal injury protection (PIP) benefits under the Michigan Assigned Claims Plan (MACP). Read more by clicking below. https://lnkd.in/eNDieh6J FMG authors: Jonathan Schwartz and Josh Zhao #FMGLaw #insurancecoverage #Michiganlaw #PIP #personalinjuryprotection 

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On December 10, 2024, the Ohio Supreme Court unanimously ruled that insurers are not obligated to indemnify Sherwin-Williams for payments into an abatement fund addressing lead paint hazards. The court found that abatement payments address future harm rather than compensating for past injuries, which do not qualify as "damages" under the policies. This decision reinforces Ohio law on the definition of damages in insurance coverage disputes. Read the Reminger Report below by Brianna Prislipsky for the details. #insurancelaw #appellatelaw

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Underinsured motorist (UIM) coverage can be seen as gap coverage or excess coverage. If it’s gap coverage, then it fills the “gap” between the limits of the tortfeasor’s liability insurance policy and the limits of the insured’s UIM policy. If it’s excess coverage, then the limits of the UIM policy are seen as excess to the limits of the tortfeasor’s liability policy. Gap UIM coverage allows for a reduction from the UIM limit for any payment made by the tortfeasor, excess UIM coverage generally does not.

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Illinois courts are divided on whether new limits for BIPA damages apply retroactively. We cover the split interpretation and how it affects BIPA litigation in our latest blog post by Benjamin MacLean, Michael Bleicher, and Jeff Landis: #BIPA #PrivacyLaw #BiometricData #Litigation #Privacy #Law https://lnkd.in/eYm6YtC7

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Navigating product liability cases in Petoskey, Michigan, requires a thorough understanding of the legal framework that governs such matters. Here's a breakdown of the key statutes and considerations: MCL 600.2945: This statute lays out the foundational definitions pertinent to product liability cases, including what qualifies as a "product" and the threshold for establishing "gross negligence." Understanding these definitions is crucial for framing legal arguments and assessing liability. MCL 600.2946: This statute delineates the types of evidence that are admissible in product liability actions. Knowing what evidence is permissible can significantly impact the strength of a case and its likelihood of success. MCL 600.2946a: This statute sets forth the limitations on damages that can be awarded in product liability cases. Understanding these limitations is essential for managing client expectations and formulating litigation strategies. MCL 600.2947: This statute outlines the scope of liability for manufacturers or sellers in product liability actions. It clarifies the responsibilities of parties involved in the production and distribution chain and serves as a reference point for assessing liability. While Michigan's product liability laws primarily operate at the state level, they may intersect with federal regulations, especially concerning products subject to federal oversight. Compliance with federal standards, enforced by agencies like the CPSC, is critical to mitigating liability and ensuring consumer safety. Given the nuanced legal landscape surrounding product liability in Petoskey, consulting with a knowledgeable attorney is paramount. An attorney well-versed in local laws and practices can provide invaluable guidance tailored to the specific circumstances of each case. Whether navigating state statutes or federal regulations, legal expertise is essential for achieving favorable outcomes in product liability litigation. #PetoskeyLaw #ProductLiability #LegalFramework #MichiganLawsuit 🏛️⚖️

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Sedgwick: Industry data indicates a continued rise in liability litigation and the average cost of new litigated auto bodily injury claims has grown by 64% since 2019. Steve Ellis, VP, Liability Practice at Sedgwick, said in a statement: "From a litigation management perspective, the best avoidance and mitigation strategies start on day one of a claim assignment with the completion of a high-quality investigation. The first two weeks after a claim is initiated represent a window of opportunity to impact the outcome by making timely contacts, taking detailed statements, and assessing damage and injuries as quickly as possible." https://bit.ly/4aVSopG #insurance #autoinsurance #claims

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Earlier this week, the Ohio Supreme Court ruled that Zuckerman Spaeder LLP’s clients—Certain Underwriters at Lloyd’s, London and eleven other insurers—do not have to indemnify The Sherwin-Williams Company for its liability in, and subsequent settlement of, a lead paint-related public nuisance action brought by California municipalities and counties (the “Santa Clara Action”). Sherwin-Williams was seeking approximately $102 million in insurance coverage from Zuckerman Spaeder’s clients and its other carriers. Read more: https://lnkd.in/e9xmPJhg The Zuckerman Spaeder team includes Carl Kravitz, Jason Knott, Caroline Reynolds, and Nick DiCarlo. The firm is also defending its insurer clients in ongoing litigation in New York over whether the remaining defendant, NL, is entitled to coverage for its liability in the Santa Clara Action. #litigation #publicnuisancelaw #insurance

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Explore the evolving landscape of civil litigation! Join Partner J. Pablo Caceres on a panel at the DRI’s Insurance Coverage and Claims Institute on March 14, 2024 in Chicago, IL, for insights into the roles of third parties, such as claim acquirers, public adjusters, and litigation funders. Click to learn more: https://lnkd.in/e6TkxQ7J #CivilLitigation #LegalStrategy #ButlerLegal #DRI

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📢 New Litigation Law Alert: The Appellate Division has ruled that IFPA claims are not subject to PIP arbitration. This decision has significant implications for insurers and healthcare providers alike. 🔗 Read more: https://lnkd.in/ekbaJs9R For more information about the issues raised in this Alert, please contact: - Keith J. Roberts, Esq., Member and Chair, Litigation Practice, at kroberts@bracheichler.com or 973-364-5201 or - Shannon Carroll, Esq., Member, Litigation and Healthcare Law Practices, at scarroll@bracheichler.com or 973-403-3126 #InsuranceLaw #IFPA #AppellateDivision #PIPArbitration #BrachEichler #LegalInsights *This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

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Check out the latest post from Dykema's Insurance Coverage Notes and Developments Blog authored by Jeffrey Ward. #InsuranceLaw #ReservationOfRights #MichiganLaw

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