Publications

Section Newsletter Articles on Insurance Law

From the editors By James T. Nyeste Insurance Law, March 2010 An introduction to this issue from the newsletter's Managing Co-Editor, James T. Nyeste.
Case names and holdings Insurance Law, December 2009 Overview of recent cases.
Case summaries Insurance Law, December 2009 Summaries of recent Insurance Law cases.
Federal Financial Regulatory Reform: What it means for Insurance Companies Insurance Law, December 2009 On June 17, 2009, the U.S. Treasury Department released the Obama Administration’s framework for financial regulatory reform.
From the editors By James T. Nyeste Insurance Law, December 2009 This issue of The Policy features an article concerning the Obama Administration’s financial regulatory reform plan and a bill introduced in November by Senator Dodd (D-CT), which may have significant effects on the insurance industry generally, not just on health insurance. Much remains uncertain, but the article discusses where we may be headed.
Case names and holdings Insurance Law, October 2009  Case listings.
Case summaries Insurance Law, October 2009 Recent cases of interest to insurance law practitioners.
From the editors By James T. Nyeste Insurance Law, October 2009 As the new Managing Co-Editor of The Policy, I look forward to continuing the work performed by past Managing Co-Editor Patricia Zimmer and to bringing readers of theThe Policy timely and accurate analyses of current insurance cases. 
The Importance of reviewing your Directors’ & Officers’ liability insurance policy By Lola Miranda Hale Corporate Law Departments, October 2009 This article highlights practical issues companies should consider in connection with their D & O policies and provisions relating to indemnification.
Two recent cases address who must be insured for UIM coverage By Kevin W. Bloese Insurance Law, October 2009 Two recent appellate court decisions, Schultz v. Illinois Farmers Insurance Company, 387 Ill. App. 3d 622, 327 Ill. Dec. 224, 901 N.E.2d 957 (1st Dist. 2009), and DeSaga v. West Bend Mutual Insurance Company, ___ Ill. App. 3d ___, 331 Ill. Dec. 86, 910 N.E.2d 159 (3d Dist. 2009), will require that automobile insurers use a uniform definition of an “insured” for the liability, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage.
Addison Insurance Co. v. Fay: There was continuous exposure to substantially the same general harmful conditions By Patrick Frye and Christopher Mickus Insurance Law, June 2009 The Supreme Court was resolving a contract dispute. A court is to enforce a contract according to its plain meaning, but the Supreme Court did not.
Case names and holdings Insurance Law, June 2009 A list of the cases in this issue, arranged alphabetically.
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.