Publications

Illinois Bar Journal
Articles on Insurance

The Lawyer’s Journal By Bonnie McGrath October 1999 Column, Page 514 Insurance policies and the discovery rule; read the fine print.
Americans with Disabilities Act does not require a seller to alter his product to make it equally valuable to disabled and non-disabled policyholders August 1999 Illinois Law Update, Page 406 On June 2, 1999, the seventh circuit reversed the holding of the United States District Court for the Northern District of Illinois and held that benefit caps on AIDS-related illnesses in the defendant's insurance policies did not violate the Americans with Disabilities Ac
The Lawyer’s Journal By Bonnie McGrath August 1999 Column, Page 402 Breach of fiduciary duty: A new application
The Lawyer’s Journal By Bonnie McGrath July 1999 Column, Page 348 Different rulings on the same-part-of-the-body rule.
The Lawyer’s Journal By Bonnie McGrath June 1999 Column, Page 298 Guilty but mentally ill'' passes constitutional muster
Under a business liability insurance policy, an insurer may deny coverage for wrongful death suits where an insured’s actions are willful and malicious. June 1999 Illinois Law Update, Page 304 On April 15, 1999, the Illinois Supreme Court reversed the appellate and circuit courts.
HMO Reform Bill Passes in the House, Likely to Fail in the Senate — HB 626. May 1999 Illinois Law Update, Page 244 A sweeping HMO reform bill, known as the Managed Care Reform Act, (passed in the Illinois House on March 24, 1999 by a margin of 62-37.
The Lawyer’s Journal By Bonnie McGrath April 1999 Column, Page 186 Offer, acceptance, consideration, and criminal law.
Bringing “Bad Faith Refusal to Settle” Claims Against Insurers By G. Grant Dixon, III February 1999 Article, Page 92 Did your client's insurer refuse in bad faith to settle within policy limits? Then it should pay the price.
Illinois Adopts the “Modern” Prejudice Rule for Insurers’ Late-Notice Defense By Stanley C. Nardoni February 1999 Article, Page 86 The new rule—which requires insurers to show prejudice from policyholder delay before they can avoid coverage—is the better rule, this author says.
Litigating Claims Under Lost Insurance Policies in Illinois By Todd Stewart Schenk February 1999 Column, Page 102 A how-to guide to lost-policy lawsuits.
Insurance Company Policyholder Decisions Cannot Depend Solely on Domestic Violence Injuries; PA 90-700 January 1999 Illinois Law Update, Page 13 In determining policyholder ``rating, underwriting, or claims handling'' decisions, insurance companies cannot solely consider the fact of domestic violence injuries.
When an insured motorist has two underinsured motorists coverage policies, the primary insurer may take only one setoff for an insured’s workers’ compensation benefits, and no setoff for the insured’s social security disability benefits January 1999 Illinois Law Update, Page 13 On October 29, 1998, the Illinois Supreme Court affirmed in part and reversed in part the appellate court's holding on setoffs applicable to two insurance policies for underinsured motorist coverage.
Annual Fee Increase for Insurers December 1998 Illinois Law Update, Page 662 On October 1, 1998 the Department of Insurance adopted amendments to sections 4201.10 and 4210.20. 50 Ill Adm Code 4210.
The Lawyer’s Journal By Bonnie Fitzgerald McGrath November 1998 Column, Page 590 Post-Ellerth business boom?
New Annuity Mortality Tables November 1998 Illinois Law Update, Page 596 On September 18, 1998, the Department of Insurance adopted amendments to section 935 in response to changes made to the ``NAIC Model Rule Regulation for Recognizing a New Annuity Mortality Table for Use in Determining Reserve Liabilities for Annuities."