The Supreme Court of Delaware has issued a groundbreaking insurance ruling destined to help define the fundamental bargain at the heart of commercial insurance coverage, and demonstrate why such coverage does not extend to public nuisance claims.  

BatesCarey attorneys Adam Fleischer, Lindsey Dean and Matthew Fortin represented State Automobile Mutual Insurance Company in establishing that, under Texas law, COVID-19 business income claims do not constitute “direct physical loss” and that COVID-19 restrictions did not result from any condition at the insured’s premises.

Under the U.S. Federal Rules of Civil Procedure, when a plaintiff invokes a federal court’s admiralty jurisdiction, the parties are not entitled to a jury trial. Applying this principle, a federal district court recently held that, when a policyholder defendant’s counterclaims to a maritime insurance coverage action invokes a separate basis for federal court jurisdiction, the defendant still does not have a right to a jury trial.

The 1851 Limitation of Liability Act allows qualifying vessel owners to limit their liability after maritime accidents. However, this statute imposes a time limit on vessel owners. Previously, the Fifth Circuit had held that this time bar was a jurisdictional rule, but earlier this month held that a U.S. Supreme Court case implicitly overruled an earlier case and the Limitation of Liability Act’s time bar is nonjurisdictional.

BatesCarey attorneys Adam Fleischer and Lindsey Dean obtained a ruling that BatesCarey’s insurer client owed no duty to defend or indemnify in connection with an underlying sexual abuse claim.

BatesCarey is proud to announce that the Women’s Bar Association of Illinois (WBAI) selected Kristi Nolley for the 2021 Top Women Lawyers in Leadership Award.

BatesCarey is pleased to announce that Crain’s Chicago Business honored David Alt and Kristi Nolley on the 2021 Notable Gen X Leaders in Law list.

BatesCarey has been recognized in Chicago and Nationwide as a Best Law Firm by U.S. News and World Report.

Matthew P. Fortin discusses the consequences for the valuation of current and future property claims in Illinois as an update to his Bloomberg Insights article published in October 2020.

BatesCarey is proud to announce partner David J. Buishas has been selected as one of Chicago Lawyer Magazine’s 40 Under Forty Illinois Attorneys to Watch in 2021.