Publications

Section Newsletter Articles on Insurance Law

Words and phrases index of cases Insurance Law, December 2012 A list of the cases in this issue, organized by subject.
Case names and holdings Insurance Law, September 2012 A list of the cases in this issue, arranged alphabetically.
Case summaries Insurance Law, September 2012 Summaries of the cases in this issue.
Recovery of consequential damages for insurer’s breach of contract By James T. Nyeste Insurance Law, September 2012 There already is a solid basis in Illinois law for the insured’s recovery of consequential damages in addition to the policy coverage when the insurance company breaches its contract, so long as the consequential damages were reasonably foreseeable, were within the contemplation of the parties at the time the policy was issued, or arose out of special circumstances known to the parties.
Words and phrases index of cases Insurance Law, September 2012 A list of the cases in this issue, organized by subject.
Case names and holdings Insurance Law, June 2012 A list of the cases in this issue, arranged alphabetically.
Case summaries By James T. Nyeste, Robert H. Hanaford, Michael Hartigan, Ryan Henderson, Laura D. Mruk, David Wilford, Patricia A. Zimmer, and Ellen Zabinski Insurance Law, June 2012 Summaries of the cases in this issue.
The contractual right to appeal mandatory arbitration awards by invoking the trial de novo provision in underinsured-motorist coverage By James V. Krejci Civil Practice and Procedure, June 2012 The recent case of Phoenix Insurance Company v. Rosen settled conflicting Illinois Appellate decisions regarding trial de novoprovisions. 
From the editors By James T. Nyeste Insurance Law, June 2012 An introduction to the issue from Managing Co-Editor James Nyeste.
The targeted tender doctrine: Where does it stand today? By Steven J. Ciszewski Insurance Law, June 2012 Practitioners should be aware that Illinois appellate courts have generally been reluctant to extend the targeted tender doctrine beyond the construction context where a subcontractor has a contractual obligation to add the general contractor as an additional insured on the subcontractor’s policy.
Words and phrases index of cases Insurance Law, June 2012 A list of the cases in this issue, organized by subject.
Case names and holdings Insurance Law, March 2012 A list of the cases in this issue, arranged alphabetically.
Case summaries Insurance Law, March 2012 Summaries of the cases in this issue.
Court invalidates a policy provision based on Wisconsin Limitations Statute By Robert T. Park Insurance Law, March 2012 The recent appellate decision in Country Preferred Ins. Co. v. Whitehead raised the question of when an insurance policy provision is invalid because it contravenes public policy.
Words and phrases index of cases Insurance Law, March 2012 A list of the cases in this issue, organized by subject.
A strategy for dealing with medical providers who refuse to submit their bills to health insurance By Dennis L. Berkbigler Tort Law, February 2012 There are a number of situations where the personal injury client may benefit more by having his or her medical expenses paid by health insurance rather than out of the tort recovery. The following letter, or some variation of it, may be used in an attempt to induce the recalcitrant provider to comply with the demand to submit the client’s bills to his or her health insurance.
Case names and holdings Insurance Law, January 2012 A list of the cases in this issue, arranged alphabetically.
Case summaries Insurance Law, January 2012 Summaries of the cases in this issue.
Words and phrases index of cases Insurance Law, January 2012 A list of the cases in this issue, organized by subject.
Case names and holdings Insurance Law, October 2011 A list of cases in this issue, arranged alphabetically.
Case summaries Insurance Law, October 2011 Summaries of the cases in this issue.
The exclusive or captive agent of an insurance company is a “producer” and by statute and case law owes duties to the insured By James T. Nyeste Insurance Law, October 2011 In Yessenow v. Executive Risk Indemnity, the court held the bankruptcy exclusion in a D&O policy was unenforceable and the policy’s “insured vs. insured” exclusion was inapplicable.
Words and phrases index of cases Insurance Law, October 2011 A list of the cases in this issue, organized by subject.
Duty to defend By Laurie E. Dugoniths Corporate Law Departments, August 2011 The duty to defend is a contractual obligation almost always found in commercial general liability policies and, as the costs of litigation continue to rise, is often considered to be more valuable to an insured than the duty to indemnify.
Case names and holdings Insurance Law, July 2011 A list of cases in this issue, arranged alphabetically.
Case summaries Insurance Law, July 2011 Summaries of the cases in this issue.
The Illinois Supreme Court takes pass on ripe opportunity to protect insurance consumers By Scott A. Blumenshine Insurance Law, July 2011 The author argues that with the Rosen decision, the Illinois Supreme Court has abdicated its authority to invalidate insurance policy language on the supposed basis that the legislature has approved such language, when it has not.
The Illinois Supreme Court upholds a trial de novo clause in underinsured motorist coverage By Robert T. Park Insurance Law, July 2011 The author finds that the decision in Phoenix Ins. Co. v. Rosen was consistent with holding in Reed, the uninsured motorist statute, and the duty of the courts to interpret and apply, rather than to rewrite, insurance policies.
Words and phrases index of cases Insurance Law, July 2011 A list of the cases in this issue, organized by subject.
Case names and holdings Insurance Law, May 2011 A list of the cases in this issue, organized according to subject.