Illinois Bar Journal

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Articles on Insurance

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.
Health Insurance for ISBA Members By Loren Golden June 2003 Column, Page 272 As I promised in one of my previous President's Pages, the ISBA, at my direction, was going to take a serious look at providing meaningful health insurance for our members.
Insuring against bankrupt insurers By Helen W. Gunnarsson June 2003 LawPulse, Page 274 What to do when an insurance company important to your case goes belly up? For one thing, consult the Illinois Office of the Special Deputy Receiver.
Changes made to beneficiaries under Teachers’ Retirement System P.A. 92-0862 May 2003 Illinois Law Update, Page 226 The State Employees Group Insurance Act of 1971 was amended recently by changing section 6.5.
Insurer must maintain “proof mailing” when notifying insured of exclusion for injuries sustained related to lead poisoning and settlement between landlord and tenant may be valid, if reasonable, when landlord assigned its rights to tenant under insurance policy April 2003 Illinois Law Update, Page 168 On January 24, 2003, the Illinois Supreme Court concluded that Potomac Insurance breached its obligation to defend when it refused to defend a personal injury action for lead poisoning.
Department of Insurance restricts access to public records March 2003 Illinois Law Update, Page 116 The Illinois Department of Insurance has adopted amendments under 2 Ill Adm Code 951 relating to Access to Public Records.
The Sarbanes-Oxley Act: How Will it Affect D&O Insurance Coverage? By Steven R. Smith March 2003 Article, Page 128 A review of the D&O insurance-policy terms likely to come up in litigation under the Act.
The Supreme Court Endorses the Right to Second Opinions for HMO Participants By Travis J. Ketterman February 2003 Article, Page 66 In Rush Prudential HMO v Moran, the Court rejected an HMO's attempt to void the Illinois HMO Act based on ERISA preemption.
Amendment to Vehicle Code requires proof financial responsibility from three-time offenders P.A. 92-0775 January 2003 Illinois Law Update, Page 14 A recent amendment to the Illinois Vehicle Code provides that a person convicted a third or subsequent time of driving without liability insurance must provide proof financial responsibility to the secretary of state for at least one year.
Insuring Your Law Practice By Paul Sullivan January 2003 Column, Page 41 What kinds of insurance does your practice need, and how much? Here's an overview.
Using Polygraph Results to Decide “Good Faith Denial of Coverage” Cases By James E. DeFranco January 2003 Article, Page 32 The author argues that polygraph results should not be admissible to establish whether an insurer did or didn't act in good faith.
Do trial lawyers have the Country behind them? By Helen W. Gunnarsson November 2002 LawPulse, Page 578 A recent case interpreting language that appears in many Country Companies insurance policies has the plaintiffs' bar buzzing.
Embezzlement at insurance company affects interstate commerce and Congress authorized to prohibit such conduct under Commerce Clause October 2002 Illinois Law Update, Page 512 On August 20, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the holding of the United States District Court for the Northern District of Illinois.
Back to the Future By Loren Golden September 2002 Column, Page 446 One of my goals during my year as president is to determine whether the ISBA can present a meaningful, competitive health insurance program for our members.
Child support obligations regarding medical insurance more strictly enforced September 2002 Illinois Law Update, Page 454 On July 1, 2002, the Department of Public Aid (department) amended section 160 of the Illinois Administrative Code to ensure child support obligations that include medical insurance coverage are satisfied.
Contending with HIPAA Privacy Standards in Illinois By Neville M. Bilimoria August 2002 Article, Page 414 This article reconciles the strictures of the Health Insurance Portability and Accountability Act with Illinois privacy law.
Law authorizes Health Maintenance Organizations (HMOs) to offer point-of-service (POS) benefits P. A. 92-0135 August 2002 Illinois Law Update, Page 402 Gov. George H. Ryan signed into law House Bill 1040 on July 24, 2001, which amended Illinois' Health Maintenance Organization Act.
Taking the Hell Out of LPL By Karen J. Dilibert August 2002 Column, Page 431 Do you really know what malpractice coverage you're getting under a "claims made and reported" policy? And what does "full prior acts" mean? Read on and make yourself a more informed consumer of lawyers' professional liability (LPL) insurance.
Health insurance coverage for mastectomies June 2002 Illinois Law Update, Page 288 On March 25, 2002, the Illinois Department of Insurance (department) issued emergency amendments to section 5421 of the Illinois Administrative Code. 50 Ill Adm Code 5421.
Legislation requires direct notice to employees if an employer fails to make payments for an employer provided health insurance plan P.A. 92-0126 June 2002 Illinois Law Update, Page 288 Gov. Ryan signed into law Senate Bill 1019 on July 20, 2001, which amended the Employee Benefit Contribution Act.
Legislation restricts insurance companies from denying insurance solely on the basis of the applicant’s credit reports; P.A. 92-0480 May 2002 Illinois Law Update, Page 232 In August of last year, Gov. Ryan signed into law House Bill 2419, which amends the Illinois Insurance Code by providing that insurance companies authorized to do business in Illinois are prohibited from refusing to issue or renew certain policies of automobile insurance, fire and extended coverage insurance, and personal lines insurance, solely on the basis of an applicant's credit reports.