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Insurance LawThe newsletter of the ISBA’s Section on Insurance Law

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Newsletter articles from 1999

Duty to defend: estoppel June 1999 Co-insurer waived right to contest reasonableness of settlement by refusing to settle or try the case, or challenge reasonableness of settlement amount.
Duty to defend: in general October 1999 Fred Grossman filed suit against Berg Ladders, Inc. in connection with injuries sustained in a fall from a ladder manufactured by Berg.
Duty to defend: in general March 1999 A duty to defend exists if the allegations of the complaint alone raise a potential for coverage.
Duty to defend: intentional act December 1999 Harold A. Abrams and Ron D. Abrams (Abrams) were sued by State Farm Mutual Automobile Insurance Company (State Farm Auto) for allegedly being involved in a scheme to make fraudulent insurance claims.
Duty to defend: intentional act January 1999 Intent to injure cannot be inferred in cases where a minor insured sexually abuses another minor.
Duty to defend: suit October 1999 A complaint filed by the EPA pursuant to CERCLA constitutes a "suit."
Duty to defend: tender October 1999 On December 1, 1991, Tony Savage asked his friend of twenty-five years, Mamie Barnett, to watch his liquor store for him while he ran an errand. Barnett agreed, but while she was at the store, an intruder attacked and injured her. Eight days after the attack, Guild Insurance Agency sent a loss notice to Savage's insurer, Illinois Founders Insurance Company, informing it of the incident.
Duty to defend: tender June 1999 Owner's and general contractor's sole tender to subcontractor's insurer as additional insureds foreclosed insurer's action for equitable contribution.
Duty to defend: tender March 1999 General contractor's targeted tender to subcontractor's insurer nevertheless entitles subcontractor's insurer to contribution from general contractor's own insurer due to "other insurance" clause in subcontractor's insurer's policy.
Duty to defend: tender January 1999 Clause requiring insured to tender suit to other insurer not violative of public policy.
Duty to defend: trigger of coverage June 1999 Parent's claim of injury from sexual assault of their children occurred at time of assault, even if source of injury was unknown.
Excess insurance: in general October 1999 Alan Little sustained fatal injuries while at work at an iron-making facility in Granite City, Illinois when he was run over by a dump truck owned and operated by St. Louis Slag Products Company.
Exclusions: automobile business January 1999 Automobile business exclusion precluded coverage under car wash customer's automobile policy for accident caused by employee of car wash.
Exclusions: business activities June 1999 Day care service provided by insured to friend's children held to be excluded "business activity" under renter's liability policy.
Exclusions: employee October 1999 Uncompensated friend of insured not employee for purposes of employee injury exclusion.
Exclusions: employee January 1999 Employee exclusion did not preclude coverage for claim against son of employee of the named insured.
Exclusions: family member March 1999 Partial abrogation of parent-child immunity does not invalidate household exclusion in automobile policy.
Exclusions: named insured’s work June 1999 Coverage excluded under CGL policy for property damage to swimming pool arising out of insured's painting and maintenance work on pool.
Exclusions: sexual assault March 1999 Insurer had no duty to defend or indemnify where allegations of complaint unambiguously established that insured participated in the physical abuse of a minor.
Fidelity bonds January 1999 Bank employee's participation in check kiting scheme was "dishonest," employee had "manifest intent" to harm bank, and losses to bank did not arise out of "loans" for purposes of coverage under fidelity bond.
Fire insurance: exclusions January 1999 Collapse exception to water damage exclusion did not apply to damage caused by seepage of underground water.
Fire insurance: time limitation March 1999 Two-year statute of limitations for contribution actions governed property insurer's contribution action against liability insurer.
Fire insurance: time limitation January 1999 Proof loss made immediately after loss tolled one-year limitations period for additional living expenses claim until date insurer paid structural claim.
Health insurance: applications June 1999 Health insurer had no duty to investigate truthfulness of answers to questions on applications.
Health insurance: exclusions June 1999 Plaintiff, Kimberly Graham, was diagnosed with breast cancer in October of 1995. She underwent a modified radical mastectomy and sought preventive care to avoid recurrence of the cancer.
Health insurance: in general December 1999 Cut N' Dried Salon, Belleride and Brewer filed a petition with the Illinois Department of Human Rights charging that, in 1991, National Group Life discriminated against them by denying the application of Brewer, an employee of Cut 'N Dried, for health insurance coverage.
Health insurance: in general October 1999 Medical insurer's policy caps for care of AIDS or AIDS-related conditions did not violate Americans with Disabilities Act provision prohibiting discrimination in public accommodations.
Health insurance: misrepresentations June 1999 Recent amendment to section 154 of Insurance Code eliminating requirement that application must be attached to policy in order for insurer to rely on a misrepresentation does not apply retroactively.
Insolvency: in general January 1999 Common law retaining lien may not be asserted in proceeding to liquidate insolvent insurer.
Jurisdiction: forum selection clause December 1999 Yamada Corporation v. Yasuda Fire and Marine Insurance Company, Ltd., ___ Ill.App.3d ___, 712 N.E.2d 926, ___ Ill. Dec. ___ (2nd dist. 1999) (1146) Yamada manufactured an air-operated diaphragm pump, which was purchased by CWC Fluids, Inc.