Publications

Section Newsletter Articles on Insurance Law

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.
Failure to insure contraceptives was not sex discrimination By Michael R. Lied Labor and Employment Law, June 2007 Union Pacific Railroad provided health care benefits to its employees who were covered by collective bargaining agreements. While the health plans provided benefits for services such as routine physical exams, they excluded coverage for a number of things.
Case names and holdings Insurance Law, January 2007 A listing of recent cases, arranged alphabetically.
Case summaries Insurance Law, January 2007 Summaries of recent cases.
Insurance law update By Scott A. Blumenshine Insurance Law, January 2007 A binding arbitration agreement between an injured uninsured motorist claimant and her insurer did not bar her subsequent lawsuit alleging the insurer’s unreasonable and vexatious delay in handling her claim.
The ALTA 2006 title insurance policies and the issuance of survey coverage By Richard F. Bales Real Estate Law, December 2006 The purpose of this article is three-fold: (1), to set forth the survey-related changes to these new policies; (2), to suggest one method of addressing these changes; and (3), to provide a basis by which Illinois title companies can decide how to issue survey coverage under these title policies.
Appellate Court rules insurance exclusions ambiguous By Raymond A. Fylstra Corporate Law Departments, September 2006 In Pekin Insurance Company v. Miller, No. 1-05-4086 (1st Dist. Aug. 8, 2006), a case of first impression in Illinois, the First District Appellate Court has held that exclusions j(5) and j(6) in the standard Comprehensive General Liability (CGL) insurance policy are ambiguous.
Insurance law update By Robert H. Hanaford Insurance Law, September 2006 Recent cases of interest to insurance law practitioners.
First District rules that two-year limitation provision in uninsured motor vehicle policy is void as against public policy By Michael J. Marovich Civil Practice and Procedure, April 2006 It is quite common for insurance carriers to place a two-year deadline from the date of a collision to make a demand for uninsured motor vehicle coverage in their automobile insurance policies.
Recent developments in insurance law By Laura Kotelman Insurance Law, February 2006 On August 18, 2005, the Illinois Supreme Court issued a long-awaited opinion in Avery v. State Farm Mutual Automobile Insurance Co., No. 91494, 2005 WL 1981444 (Ill., Aug. 18, 2005).
Criminal acts exclusion in auto gap insurance policy applies to driving under the influence By Michael J. Marovich Civil Practice and Procedure, January 2006 In Bohner v. Ace American Insurance Company, 359 Ill. App. 3d 621, 834 N.E.2d 635 (2nd Dist. 2005), the Second District Illinois Appellate Court held that the criminal acts exclusion in an automobile gap insurance policy applies in a driving-under-the-influence case.
Recent developments in insurance law By James T. Nyeste Insurance Law, January 2006 Recent updates of interest to insurance Law practitioners.
Insurance companies beware: Documents normally privileged may be discoverable By D.J. Evans Civil Practice and Procedure, November 2005 The Fourth District Appellate Court’s decision in Western States Insurance Co. v. O’Hara places greater responsibility on insurance companies to deal fully and fairly with their insureds and third parties in response to discovery requests.