Publications

Illinois Bar Journal
Articles on Insurance

New corresponding rules to the Covering ALL KIDS Health Insurance Program Act January 2007 Illinois Law Update, Page 14 The Department of Healthcare and Family Services (Department) has created part 123 of title 89 of the Illinois Administrative Code (Code) to implement the Covering ALL KIDS Health Insurance Program Act (Act). 215 ILCS 170/1 et seq. 
Where Spoliation of Evidence Meets the Duty to Defend By Charles L. Philbrick December 2006 Article, Page 670 A look at the law of spoliation from the insured's perspective.
Courts have new powers regarding children’s health insurance in divorces -PA 094-0923 November 2006 Illinois Law Update, Page 584 Recently, the Illinois General Assembly amended section 505.2 of the Illinois Marriage and Dissolution of Marriage Act in by adding paragraph (2.5) to subsection (c) in order to ensure health insurance is provided for children of divorce in an equitable manner. 750 ILCS 5/505.2(c)(2.5).
Busting Professional Liability Insurance Myths By Karen Erger August 2006 Column, Page 442 Dealing with an uninsured malpractice claim is no stroll down the midway.
Insureds must give reasonable notice of claims or suits to insurers By Helen W. Gunnarsson July 2006 Lawpulse, Page 338 The supreme court holds that insurers may refuse to indemnify insureds who don't give timely notice of a claim, even if the insurer isn't prejudiced by the delay. 
Insureds to be viewed separately in determining coverage June 2006 Illinois Law Update, Page 284 On April 3, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Will County, holding that a liability insurer, Illinois Farmers Insurance Company (Farmers), had a duty to defend and indemnify two insureds, Thomas and Cindy Kure. 
New guidelines for capitated agreements between HMOs and MCOs June 2006 Illinois Law Update, Page 284 By amending Part 5421 to Title 50, the Department of Financial and Professional Regulation has added new requirements for capitated agreements between Health Maintenance Organizations (HMOs) and Managed Care Organizations (MCOs). 
New rule for providers of health insurance May 2006 Illinois Law Update, Page 230 Effective February 15, 2006, the Illinois Department of Financial and Professional Regulation has added new sections to Part 2025 of Title 50.  
Bohner redux: insured properly denied coverage for “illegal” act, 7CA rules By Helen W. Gunnarsson April 2006 Lawpulse, Page 166 Like the Illinois Appellate Court, the federal seventh circuit ruled recently that an insurance company properly denied coverage to an under-the-influence driver based on the policy's exclusion for "illegal" acts.
Criminal-acts exclusion bars insurance recovery to DUI driver By Helen W. Gunnarsson March 2006 Lawpulse, Page 110 The court said a lesser traffic offense wouldn't trigger the auto-gap-policy exclusion. But will the ruling's logic be applied to other insurance policies with similar language? 
Minimum levels of financial responsibility for Illinois drivers altered February 2006 Illinois Law Update, Page 68 The Illinois Department of Transportation has added new sections to Part 387 of Title 92, 92 Ill Adm Code 387, that will be effective as of November 10, 2005. 
The ABCs of D&O Insurance: An Illinois Lawyer’s Guide By Anjali C. Das June 2005 Article, Page 304 A look at common D&O policy provisions and exclusions with a view toward helping lawyers advise corporate clients.
Illinois Supreme Court 2004: Taking on the Tough Issues By Nancy J. Arnold and Tim Eaton April 2005 Article, Page 174 Last year the court confronted contentious issues that matter not just to lawyers but to the public at large.
Study will investigate possible small employer health insurance pools PA 093-0824 April 2005 Illinois Law Update, Page 170 Effective immediately, the Comprehensive Health Insurance Plan Board will conduct a feasibility study of establishing a small employer health insurance pool.
Proposed legislation would fix an underinsured-motorist pothole By Helen W. Gunnarsson February 2005 Lawpulse, Page 62 Even seasoned lawyers representing victims of underinsured motorists should beware this trap and encourage legislators to remove it.
Children granted health insurance coverage while applications for medical benefits are processed December 2004 Illinois Law Update, Page 620 The Illinois Department of Public Aid recently adopted 89 Ill Adm Code 120.
How to Respond to an ARDC Complaint By Michael L. Shakman and Arthur W. Friedman October 2004 Article, Page 530 You get the dreaded letter from the ARDC– what do you do? Here's a step-by-step guide.
Individuals may elect to reduce automobile insurance coverage P.A. 093-0762 September 2004 Illinois Law Update, Page 456 Effective immediately, any named insured person or applicant has the right to reject additional uninsured motorist coverage. 
Social security numbers may not be printed on insurance cards P.A. 093-0728 September 2004 Illinois Law Update, Page 456 A person or entity may not print an individual's social security number on an insurance card.
You, too, can be title insurance agent By Helen W. Gunnarsson August 2004 Lawpulse, Page 390 Have – or hope to have – an active residential real estate practice? If you're not a title agent already, becoming one might well boost your bottom line.
Department of Insurance Simplifies Regulations May 2004 Illinois Law Update, Page 242 The Illinois Department of Insurance has simplified regulations regarding the rates charged to motorists with theft deterrent devices in their vehicles. 
Cause of action recognized for negligent issuance of a life insurance policy based upon the proposed insured’s lack of knowledge and consent to the policy April 2004 Illinois Law Update, Page 176 On January 23, 2004, the Illinois Supreme Court affirmed the judgment of the appellate court, which reversed the circuit court's grant of the defendant's motion to dismiss.
Carnival and Amusement Insurance Regulated February 2004 Illinois Law Update, Page 70 The Illinois Carnival-Amusement and Safety Board adopted amendments to 56 Ill. Adm. Code 6000 to establish and clarify regulations related to insurance coverage on carnival and amusement rides.
The Downsizing, then Supersizing of Medicare’s Super Lien By Fred Johnson January 2004 Article, Page 40 A federal appellate decision limited Medicare's subrogation interest in settlement proceeds, but the new Medicare reform law legislatively overturned the court and expands the lien.
Insuring Against Insolvent Insurers: The Illinois Insurance Guaranty Fund By Marlene A. Kurilla and Melissa A. King November 2003 Article, Page 560 Which insurers are covered and which are not? What's a "covered claim"? Find out how the fund works.
Is it Time to Revise the Illinois Mechanics Lien Act? By Bruce T. Logan November 2003 Article, Page 566 This author argues that the Act is out of step with modern construction, lending, and insurance practice.
Making UIM arbitration awards binding in more cases By Helen W. Gunnarsson November 2003 Lawpulse, Page 544 Effective January 1, an ISBA-backed bill more than doubles the statutory limits on binding arbitration awards in UIM cases, reducing the incentive for insurers to reject them.
Customer information to be safeguarded under new regulations October 2003 Illinois Law Update, Page 492 The Illinois Department of Insurance recently adopted rulemaking with the goal of providing better safeguards for customer information.
Insurance plans must cover contraceptives P.A. 93-0102 September 2003 Illinois Law Update, Page 436 Individual or group policies of accident and health insurance amended, delivered, issued, or renewed in Illinois after January 1, 2004.
Avoiding a Coverage Hangover By Karen Erger August 2003 Column, Page 415 Shopping for new malpractice insurance? Make sure you don't create a gap in your coverage if and when you switch insurers.