Publications

Section Newsletter Articles on Insurance Law

Case summaries Insurance Law, June 2009 Summaries of the cases in this issue.
Defining the contours of subrogation By Samuel H. Levine Real Estate Law, June 2009 Four recent cases have addressed the contours of equitable and conventional subrogation in the context of refinancing mortgagees.
Illinois Supreme Court holds insurer to burden of proving that its policy limitation applies: Two deaths are not a single “occurrence” By Scott A. Blumenshine Insurance Law, June 2009 Where insurers collect insurance premiums based on its promise to pay for unknowable future events, it is only fair that they be held to their promise and not be allowed to slink away under the cover of vague policy language and unreasonable policy interpretation.
The progeny of Arthur v. Catour By James K. Theisen Tort Law, May 2009 How much can a plaintiff be awarded for medical bills if the plaintiff’s health insurance pays the medical bills at a discounted rate? Should the plaintiff receive an award for the full amount or just the discounted amount? How much can a plaintiff be awarded for medical expenses provided free of charge? These questions are answered by the collateral source rule.
Case names and holdings Insurance Law, April 2009 A list of cases in this issue.
Case summaries Insurance Law, April 2009 Summaries of the cases in this issue.
FTC requires nine insurers to disclose information regarding use of credit-based insurance scores Insurance Law, April 2009 The Federal Trade Commission (FTC) on December 23, 2008 issued detailed orders to the nine largest homeowners insurers, by market share, requesting that they provide data related to the effect of credit-based insurance scores on consumers of homeowners insurance.
Case names and holdings Insurance Law, March 2009 A list of cases in this issue.
Case summaries Insurance Law, March 2009 Summaries of the cases in this issue.
Insurers & the Troubled Asset Relief Program Insurance Law, March 2009 On October 3, 2008, the Emergency Economic Stabilization Act of 2008 (“EESA”) established the Troubled Asset Relief Program (“TARP”) in an effort to restore liquidity and stability to the U.S. financial system.
A life to die for: A case study on life insurance settlements By Stephen M. Margolin Trusts and Estates, March 2009 A fictional story illustrating why life insurance policy issuers may wish to re-examine their negative outlook on the life insurance settlement business.
Scrivener be aware: Attention to detail is essential in vendor’s endorsements By Hon. James Fitzgerald Smith and Julia Illman Maness Civil Practice and Procedure, February 2009 A recent opinion by the Illinois appellate court, First District, Fifth Division, reminds us that attention to detail when drafting a vendor’s endorsement in an insurance contract is of utmost importance.
Case names and holdings Insurance Law, December 2008 Where contractor was an additional insured under a subcontractor’s liability policy for “liability arising out of [the subcontractor’s] work” and a third party complaint alleged the subcontractor’s work to be negligent, the insurer had a duty to defend the contractor.
Case summaries Insurance Law, December 2008 Holabird and Root (H & R) served as general contractor for the construction of the City of Chicago’s leased space in the Goldblatt building, owned by DePaul University.
Insurer must defend maker of lead paint-tainted toys By Laura A. Foggan and Karalee C. Morell Corporate Law Departments, October 2008 Last year’s massive series of recalls of children’s toys manufactured in China that contained lead paint spurred lawsuits seeking insurance coverage for losses arising out of the recalls.
Case names and holdings Insurance Law, June 2008 HOLDING: Insurer that sued two of its former agents for breach of contract and tortuous interference arising out of agents’ solicitation of former customers after termination of the agency using confidential information extracted from insurer’s computers, filed declaratory judgment action seeking to establish whether it had a duty to defend agent pursuant to personal and advertising injury coverage in a business owners liability policy.
Case summaries Insurance Law, June 2008 HOLDING: Insurer that sued two of its former agents for breach of contract and tortuous interference arising out of agents’ solicitation of former customers after termination of the agency using confidential information extracted from insurer’s computers, filed declaratory judgment action seeking to establish whether it had a duty to defend agent pursuant to personal and advertising injury coverage in a business owners liability policy.
Legislative and regulatory update Insurance Law, June 2008 In January, the Illinois Department of Financial and Professional Regulation, Division of Insurance, notified all multi-peril crop insurance agents of increased efforts to eliminate rebating schemes by several entities involved in the sale of Federal Crop Insurance.
Protect yourself, protect your family with auto insurance coverage By Stephanie K. Nathanson Women and the Law, June 2008 Practically speaking, it is hard to find the time to stop and think about your automobile insurance coverage limits and how such limits can affect your life in the future.
Selected insurance legislation in the 95th General Assembly Insurance Law, June 2008 Construction Safety Act of 2008, aka, “Structural Work Act Reenactment.” Opposed by both the construction and insurance industries which have engaged a massive lobbying effort to kill it.
State Automobile Mutual Insurance Company v. Habitat Construction Company By Bruce Lichtcsien Insurance Law, June 2008 Construction accidents have historically provided fertile ground for civil litigation.
Insurance coverage for bankruptcy claims By Raymond T. Reott and Becky J. Schanz Commercial Banking, Collections, and Bankruptcy, April 2008 When a company is in bankruptcy, the rules for pursuing environmental claims often drive governmental agencies and other parties to assert claims against the bankrupt entity.
Case names and holdings Insurance Law, March 2008 HOLDING: Insured failed to satisfy condition precedent to coverage by not giving immediate notice to insurer when insured knew of an occurrence which would cause it to incur costs likely to be paid by insurer.
Case summaries Insurance Law, March 2008 Summaries of recent cases of interest to insurance law practitioners.
Converting a life insurance policy into cash while the insured is alive: Viatical and life settlements By Paul E. Freehling Senior Lawyers, March 2008 This article concerns a relatively new way to convert a life insurance policy into cash while the insured person is alive: sell it on the market.
Case law highlight: Illinois Appellate Court applies “professional services” exclusion in general liability policy to claim of negligent hiring and supervision of a professional By Daniel J. Zollner Insurance Law, December 2007 In a recent opinion, the Illinois Appellate Court gave the Professional Services exclusion in a General Liability policy an “expansive meaning” and applied the exclusion to claims relating to negligent hiring and supervision of professionals.
Case names and holdings Insurance Law, December 2007 Recent cases of interest, arranged alphabetically.
Case summaries Insurance Law, December 2007 Recent cases of interest to insurance law practitioners.
Case names and holdings Insurance Law, September 2007 A list of the cases in this issue, arranged alphabetically.
Case summaries Insurance Law, September 2007 Summaries of the cases in this issue.