Appellate Court of Illinois, Fifth District. Steven CAMPBELL, Plaintiff–Appellant, v. Kevin AUTENRIEB, Defendant–App 5–17–0148 Opinion Filed: July 10, 2018 Appeal from the Circuit Court of Madison County. No. 13–L–1904, Honorable William A. Mudge, Judge, presiding. OPINION JUSTICE GOLDENHERSH delivered the judgment of the court, with opinion. *1 ¶ 1 This appeal stems from a two-count […]
Archives for July 2018
Illinois – Declaratory Judgment – duty to defend or indemnify day care – negligent supervision – expected injury exclusion
Appellate Court of Illinois, Second District. ALLSTATE INDEMNITY COMPANY, Plaintiff-Appellee, v. Alejandra CONTRERAS, Adan Contreras, Jasmine’s Day Care, and Jane Doe, as Mother and Next Friend of Janie Doe and Janet Doe, Minors, Defendants (Jane Doe, as Mother and Next Friend of Janie Doe and Janet Doe, Minors, Defendant-Appellant). No. 2-17-0964 Opinion filed July 20, […]
Insurance — Homeowners — Damage to roof and home’s interior caused by wind from tornado — Appraisal — Trial court erred by denying insurer’s motion to compel appraisal to determine causation and amount of loss where insurer did not wholly deny that there was a covered loss
43 Fla. L. Weekly D1684a Insurance — Homeowners — Damage to roof and home’s interior caused by wind from tornado — Appraisal — Trial court erred by denying insurer’s motion to compel appraisal to determine causation and amount of loss where insurer did not wholly deny that there was a covered loss PEOPLE’S TRUST INSURANCE […]
Attorney’s fees — Proposal for settlement — No merit to contention that plaintiff was not entitled to fees based upon defendant’s rejection of plaintiff’s valid proposal for settlement because plaintiff did not plead entitlement to fees in complaint and failed to timely serve motion for fees within 30 days of rendition of final judgment — Exception to general rule that claim for attorney’s fees must be pled applies when party otherwise has notice that opponent claims entitlement to attorney’s fees — Where entitlement to attorney’s fees and costs has already been determined by trial court in final judgment, rule 1.525 requiring filing of motion for fees and costs within 30 days of final judgment does not apply — Fee judgment was improperly entered in favor of plaintiff’s attorney, who was not party to proceedings — Remand for amendment of fee judgment so that judgment is in favor of plaintiff and not plaintiff’s legal counsel
43 Fla. L. Weekly D1680b Attorney’s fees — Proposal for settlement — No merit to contention that plaintiff was not entitled to fees based upon defendant’s rejection of plaintiff’s valid proposal for settlement because plaintiff did not plead entitlement to fees in complaint and failed to timely serve motion for fees within 30 days of […]
Workers’ compensation — Advance payment of benefits — Financial need — In ruling on request for advance payment, judge of compensation claims may properly consider claimant’s financial need for advance payment even when the purpose of the advance is to pay for an independent medical examination in support of a pending claim for continued medical treatment
43 Fla. L. Weekly D1661a Workers’ compensation — Advance payment of benefits — Financial need — In ruling on request for advance payment, judge of compensation claims may properly consider claimant’s financial need for advance payment even when the purpose of the advance is to pay for an independent medical examination in support of a […]