Publications

Illinois Bar Journal
Articles on Insurance

Auto insurance policies cannot exclude the only named insured March 2014 Illinois Law Update, Page 120 On December 19, 2013, the Illinois Supreme Court held that an automobile insurance policy that excluded the only named insured violated and contradicted provisions in the Illinois Vehicle Code.
High court: ‘sole insured’ can’t be excluded from vehicle liability coverage By Janan Hanna February 2014 Lawpulse, Page 62 The Illinois Supreme Court ruled recently that it violates public policy for an auto insurer to exclude from coverage the owner of the vehicle who is also the only named insured.
IRS removes tax break for some employer health-care reimbursement schemes By Janan Hanna February 2014 Lawpulse, Page 62 In years past, employers who don't offer medical plans to employees got a tax advantage for reimbursing some of their medical expenses. The IRS has greatly restricted that tax break.
Dramshop: Strict damage caps for the Illinois Insurance Guarantee Fund By Adam W. Lasker January 2014 Lawpulse, Page 10 Supreme Court resolves a split in appellate decisions to strictly cap the fund's liability, despite a harsh result for the parents in Rogers.
Financial incentives for non-Medicare annuitants who opt out of the State Employees Group Health Plan January 2014 Illinois Law Update, Page 16 The Department of Central Management Services ("CMS") has extended the financial incentives for non-Medicare annuitants who opt out of the State Employees Group Insurance. 80 Ill. Adm. Code 2106.
New application requirements for title insurance agent registration January 2014 Illinois Law Update, Page 16 Applicants for registration as title insurance agents will now have new requirements as part of their application. Whether the applicant is a person, firm, or other type of business organization, they must submit a signed and notarized affidavit affirming that the applicant, or any member, officer, or manager thereof, has never been convicted of or pled guilty to a felony, or a misdemeanor related to thievery or dishonesty.
New proof of death requirements for life insurance and annuity forms December 2013 Illinois Law Update, Page 612 To accommodate changes to the Illinois standard provisions for life insurance policies, 215 ILCS 5/224, the Illinois Department of Insurance changed two requirements for the construction and filing of life insurance and annuity forms. 50 Ill. Adm. Code 1405.
Electronic insurance cards now accepted November 2013 Illinois Law Update, Page 560 The Illinois Vehicle Code has been amended to allow for the electronic display of insurance information for the proof of insurance that is required to be carried in the vehicle. 625 ILCS 5/7-602.
Requirements for obtaining registration and penalties for providing false insurance information November 2013 Illinois Law Update, Page 560 Section 5 of the Illinois Vehicle Code has long provided that vehicle owners applying for registration need to provide detailed information regarding the insurance policy for the motor vehicle, such as the policy number, the name of the insurer issuing the policy, and the expiration date of the policy. 625 ILCS 5/3-405.
Third party insurer liability under the Illinois Public Aid Code October 2013 Illinois Law Update, Page 504 The Illinois Public Aid Code has been amended to address third party liability. 305 ILCS 5/12-4.45.
Liquidated damages of $500 per Telephone Consumer Protection Act violation not punitive, and thus insurer must pay August 2013 Illinois Law Update, Page 392 On May 23, 2013, the Illinois Supreme Court held that the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. section 227(b)(3) (2006), was a remedial statute, not a punitive statute.
Court rejects assignment of claim against insolvent insurer July 2013 Illinois Law Update, Page 336 On April 16, 2013, the first district appellate court held that the insured of an insolvent insurer could not recover any proceeds from its insurance policies above the amount paid to an injured party in a settlement agreement.
Insurable interest in building remains after demolition contract is signed December 2012 Illinois Law Update, Page 632 On September 28, 2012, the first district appellate court held that an insured who owned and had entered into a demolition contract for a building, but had not yet begun to demolish the building, had an insurable interest in the building when it was damaged in a fire.
Illinois insurance laws do not apply to certain religious organizations. PA 097-0705 and PA 097-0707 September 2012 Illinois Law Update, Page 464 Illinois lawmakers have amended the Illinois Insurance Code (215 ILCS 5/4) to read that Illinois insurance laws do not apply to arrangements between religious organizations and their participants when 12 criteria are met.
Insurance coverage for tobacco use cessation programs. PA 097-0592 June 2012 Illinois Law Update, Page 292 The Illinois Insurance Code has been amended to require insurance companies to offer coverage for tobacco use cessation programs subject to certain exceptions.
Three Title Insurance Traps for Real Estate Lawyers By Michael J. Rooney March 2012 Article, Page 146 Closing protection letters, the Form DS-1 disclosure, and key 2010 revisions to the Rules of Professional Conduct are potential pitfalls for real estate lawyers.
Two-year limitation on claims under insurance policy violates Illinois public policy November 2011 Illinois Law Update, Page 556 On August 30, 2011, the Appellate Court for the Third District of Illinois reversed a circuit court's denial of a motion to compel arbitration.
Implementing standard nonforfeiture law for life insurance October 2011 Illinois Law Update, Page 496 The Illinois Department of Insurance recently adopted new rules for reasonable nonforfeiture benefits in the event a consumer decides to terminate certain life insurance policies as authorized by section 229.2 of the Illinois Insurance Code [215 ILCS 5/229.2].
2011 Spring Session Legislative Roundup By Jim Covington August 2011 Column, Page 392 A summary of key legislation from this year's session.
Ten Unreasonable Reasons Not to Report a Professional Liability Claim By Karen Erger August 2011 Column, Page 418 Don't let fear cloud your judgment when it comes to reporting claims.
Marital Property: Making the Pie Larger By Professor H. Joseph Gitlin July 2011 Column, Page 367 Employer-based health insurance should be treated as marital property.
A trial de novo provision in an insurance policy did not violate public policy and was not unconscionable July 2011 Illinois Law Update, Page 336 A provision allowing either party in an insurance contract to demand a de novo review by a trial court following arbitration is not unenforceable when it appears in an under-insured motorist policy according to a new holding from the Illinois Supreme Court.
Health Care Reform: the Constitutional Challenge to the Individual Mandate By Brian J. McKenna and Nancy K. McKenna May 2011 Article, Page 246 The individual mandate, which penalizes the failure to buy health insurance, is at the heart of the constitutional challenges to health care reform. Here's a reader-friendly guide to the arguments.
Life Insurance Proceeds Are Exempt From Creditors - Or Are They? By Thomas A. Pasquesi and Thomas M. Badenhausen May 2011 Article, Page 254 The law exempts life insurance policy proceeds from the claims of a decedent-insured's creditors. But exceptions give creditors an opportunity to recover.
Insurance company not required to pay attorney fees because actions were reasonable part of bona fide defense March 2011 Illinois Law Update, Page 124 On December 28, 2010, the Appellate Court of Illinois, Third District, granted a motion for summary judgment after an insured sought private attorney's fees from her insurance company in the wake of a car accident and the ensuing litigation.
Spooky Tales from the Malpractice Coverage Campfire By Karen Erger February 2011 Column, Page 104 Don't let exclusions in your malpractice coverage give you a scary surprise.
Are you ready for health care reform? By Helen W. Gunnarsson October 2010 Lawpulse, Page 502 Important provisions of the Patient Protection and Affordable Care Act are kicking in, and lawyers - both as employers and counselors - need to take note.
Mandatory unemployment insurance disclosure by not-for-profit employers. P.A. 096-0970 September 2010 Illinois Law Update, Page 452 The Illinois General Assembly has amended the General Not-For-Profit Corporation Act of 1986, requiring not-for-profit corporations to inform their employees by written notice or in their employment contract that they are not eligible for unemployment insurance benefits.  
Using Life Insurance to Secure a Maintenance Obligation By Rob Shumaker September 2010 Article, Page 466 What happens when a maintenance-paying spouse dies shortly after the judge signs the dissolution judgment? Is the maintenance recipient out of luck? That may depend on where the case arose.
Penalties enhanced for uninsured motorists who harm another person. PA 096-0143 June 2010 Illinois Law Update, Page 292 Motorists without automobile insurance who harm another person could face nearly one year in prison under a new law passed last year by the Illinois General Assembly.