Clausen Miller P.C.

Don Sampen analyzes a 7th U.S. Circuit Court of Appeals decision that a subcontractor’s insurers had no obligation to cover the general contractor for construction defects at O’Hare International Airport due to the lack of “property damage” under the policies. The court affirmed that the damage was confined to the subcontractor’s own defective work, which did not fall under the definition of “property damage,” thereby absolving the insurers their duty to defend. https://lnkd.in/ePv3i2KD

Congratulations to James Weck and Jeffrey Erney for securing summary judgment on behalf of a fitness facility. We successfully argued that the scope of the acknowledged liability waiver encompassed the entire fitness facility, including an incident in the lobby area. https://lnkd.in/eCwsb3JN

Clausen Miller marks six years of client service excellence in Florida, assisting companies throughout the state and beyond. https://lnkd.in/e2VNyga5

Clausen Miller Appellate & Trial Monitoring Practice Chair Melinda Kollross and Partner Don Sampen analyze the end of Chevron deference after the US Supreme Court holds that courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority. Kollross and Sampen authored an amicus brief in Loper Bright Enterprises, et al v. Raimondo, Secretary of Commerce, et al, No. 22–451, on behalf of the DRI Center for Law & Public Policy in this monumental case. https://lnkd.in/eXhevSRt

Congratulations to Melinda Kollross on obtaining New York Appellate Division – Second Department affirmance of summary judgment win in a sidewalk slip and fall case. Shareholder Christopher Scanlon and Partner Djordje Caran obtained the trial court victory.

Congratulations to Brian Riordan, James Weck, and Lauren Jones who secured summary judgment in a § 1983 case in the United States District Court for the Western District of Wisconsin after a nurse rightfully denied a patient-inmate medication and medical device request. 

Don Sampen analyzes a decision by the Illinois Supreme Court, which upheld a ruling by the appellate court stating that the $1 million liability limit per vehicle in a multi-vehicle insurance policy cannot be aggregated to reach a total coverage of $7 million for a single accident.

Last week, our team at Clausen Miller enjoyed an incredible boat cruise along the Chicago River. Thank you to all who could join us for a day of team building and observing the landmarks of our great city! “Team building is pivotal for our team's success, and we're thrilled everyone could join us on the river to appreciate the views of our magnificent city!” said President & CEO Dennis Fitzpatrick. “Grateful to lead such an incredible team committed to excellence!”

Zachary D. Sonenblum analyzes a Florida Fourth District Court of Appeal summary judgment reversal in a bad faith action, finding that by responding to the insured ’s Civil Remedy Notice (CRN) on the merits and failing to identify any specific defect with the CRN in its response, the insurer waived the right to contest the validity of the CRN.

Kelly Vogt analyzes a Florida Middle District Court decision granting summary judgment in favor of the insurer after the insured failed to provide timely notice of loss.