Section Newsletters

Articles From John M. Fitzgerald

Is an Insured-versus-Insured Exclusion in a D&O Policy an Illegal Ipso Facto Clause? By John M. Fitzgerald Insurance Law, November 2024 While Section 541(c)’s ban on ipso facto clauses should be broadly construed to prevent debtors and creditors from circumventing the Bankruptcy Code, the conclusion from In re Ford City Condo. Ass’n., 653 B.R. 420 (Bankr. N.D. Ill. 2023) seems to reach the correct result. 
Removing judicial blinders: Beyond the underlying complaint in insurance coverage disputes in construction site personal injury cases By Daniel L. Stanner, John M. Fitzgerald, & Brent Ryan Insurance Law, January 2013 As this article discusses, the road to the supreme court clarification has been circuitous. And a recent decision by the Northern District of Illinois seems to be inconsistent not only with the supreme court’s holding, but a subsequent appellate court decision as well.

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