Publications

Articles on Insurance

Interest granted for arbitrated award despite set-off language

December
2017
Illinois Law Update
Page 16
The appellate court considered whether set-off language in an arbitrator's award made the award so indefinite as to prevent interest from accruing under § 2-1303 and held it did not.

The Debate Over Insurance Coverage for Alleged ‘Blast Fax’ Violations

By Richard J. Vanswol
October
2017
Article
Page 40
A look at theories under which courts have required insurers to cover alleged Telephone Consumer Protection Act violations and the evolving legacy of those cases in coverage law and beyond.

Individual insurance policies must provide coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections

October
2017
Illinois Law Update
Page 18
A new section of the Illinois Insurance Code (section 356z.25) requires a group or individual policy of accident and health insurance or managed care plan to provide coverage for the treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome.

Changes to the Insurance Code

September
2017
Illinois Law Update
Page 18
The Department of Insurance adopted three amendments that implemented changes in the National Association of Insurance Commissioners Model Law Number 440 and the Insurance Code.

Insured’s documents are protected from insurer by attorney-client privilege

September
2017
Illinois Law Update
Page 18
The Appellate Court of Illinois resolved a discovery dispute in an insurance coverage suit between plaintiff-insured Motorola Solutions, Inc. and defendant-insurers Zurich Insurance Company and Associated Indemnity Corporation.

Amendments to the Gramm-Leach-Bliley Act lessens administrative burdens on some financial institutions

July
2017
Illinois Law Update
Page 18
The Department of Insurance adopted amendments to the Personal Information Privacy Protection regulations regarding the treatment of personal information by insurance providers licensed by the Illinois Department of Insurance.

New insurance regulation puts onus of identifying “readily available information” on insurance provider

July
2017
Illinois Law Update
Page 18
The Department of Insurance adopted a new Part to its regulations regarding Misrepresentation and False Warranties.

From the Discussions - Do umbrella policies cover defamation?

June
2017
Article
Page 25
Q. Could the umbrella policy on a house cover a defamation judgment?

Increase in total damage required for vehicle salvage certificates

April
2017
Illinois Law Update
Page 22
Public Act 99-0932 makes changes to the requirements for when a junking certificate or salvage certificate must be obtained.

Insurer’s unambiguous 120-day notice provision violates public policy

April
2017
Illinois Law Update
Page 22
An insurer's unambiguous 120-day notice requirement violates public policy because it is contrary to the statutory purpose of uninsured motorist insurance.

Are Courts Expanding an Insurer’s Duty to Pay for an Insured’s Independent Counsel?

By Randall W. Slade and Scott O. Reed
March
2017
Article
Page 48
Illinois cases have declined to require an insurer to pay for independent counsel merely because the plaintiff demanded more than the insurance limits. But several recent federal cases have.

Department of Insurance to require full collateralization for some workers’ compensation policies

March
2017
Illinois Law Update
Page 28
New regulations by the Illinois Department of Insurance require policyholders with a large deductible to fully collateralize their obligations under the agreement.

Are Courts Moving Past the ‘Four Corners’ Rule in Duty-to-Defend Cases?

By Richard J. VanSwol
December
2016
Article
Page 30
Illinois courts seem increasingly willing to look beyond the terms of the policy and allegations of the complaint when deciding whether a liability insurer has a duty to defend its insured.

New law to ensure life insurance benefits are paid

November
2016
Illinois Law Update
Page 18
The Unclaimed Life Insurance Benefits Act will govern insurer conduct and require the Department of Insurance to develop and implement a "lost policy finder."

Underinsured-motorist coverage applies to each instance of underinsurance, but is capped by policy limit

November
2016
Illinois Law Update
Page 18
Each instance of underinsurance must be considered individually regardless of a policy's language, and a policyholder may not obtain more than the amount contracted for. Tufano sustained permanent injuries in an auto accident.

Insurance companies may destroy unneeded records

August
2016
Illinois Law Update
Page 18
The Department of Insurance adopted amendments to the Part now entitled "Disposal and Destruction of Records," previously entitled "Destruction of Records." 50 Ill. Adm. Code 901 (eff. May 23, 2016).

Homeowners’ insurance companies must defend policy holders even if policy provisions exclude some alleged proximate cause theories

April
2016
Illinois Law Update
Page 18
The First District Appellate Court ruled that defendant's homeowners' insurance company had a duty to defend him after his friend overdosed at his home, even though his policy excluded liability for bodily injury arising out of the use of controlled substances.

Updates to required insurance standards set to reflect changes in the APPM

March
2016
Illinois Law Update
Page 26
Amendments to 50 Ill. Adm. Code 2004 (eff. Dec. 31, 2015) clarify the required accident and health insurance reserves to be maintained by companies within Illinois in order to comply with the Illinois Insurance Code (215 ILCS 5 et seq.).

High court imposes liability cap on self-insured car rental companies

By Matthew Hector
December
2015
LawPulse
Page 12
The Illinois Supreme Court rules that rental car companies that elect to self-insure have to pay no more than $100,000 to injury claimants.

Self-insured rental car company’s liability is limited to the insurance requirements proscribed in 625 ILCS 5/9-105

December
2015
Illinois Law Update
Page 18
On October 8, 2015, the Illinois Supreme Court reversed an Illinois Appellate Court decision, finding that the circuit court was correct in concluding that rental car companies that use a certificate of self-insurance are limited to

Unemployment Insurance Act’s reporting requirements and waivers

December
2015
Illinois Law Update
Page 18
The Department adopted amendments and a new section on electronic filing processes for an employer's contribution and wage reports. 56 Ill. Adm. Code 2760 (eff. July 27, 2015).

Liability insurance policy generally gives rise to defend insured in connection with damage to rented car, but exclusion in policy provides exemption

October
2015
Illinois Law Update
Page 18
On July 16, 2015, the First District of the Appellate Court affirmed the circuit court's entry of summary judgment on behalf of an insurance company in a declaratory judgment action.

Alternate insurance disclosure for persons under protective order

June
2015
Illinois Law Update
Page 16
New regulations by the Department of Insurance require insurance providers to provide alternate methods of disclosure for persons under a protective order.

Insurance agents owe a statutory duty of care to insureds

June
2015
Illinois Law Update
Page 16
On March 19, 2015, the Illinois Supreme Court held that insurance agents owe a duty of care to insureds under § 2-2201 of the Illinois Code of Civil Procedure.

Insurance adjustor licensure

April
2015
Illinois Law Update
Page 16
To comply with Illinois Public Act 96-1332, the Department of Insurance ("DOI") has made three significant changes to the way insurance adjustors are licensed.

Licenses for travel insurance business entities

April
2015
Illinois Law Update
Page 16
Travel insurance business entities may now receive licenses from the Director of Insurance for an initial fee of $500 and an annual $500 renewal fee thereafter.

Medical malpractice insurance rules and rate filings reinstated

March
2015
Illinois Law Update
Page 20
On December 19, 2014, the Department of Insurance amended the Part titled Medical Liability Insurance Rules and Rate Filings to comply with a 2010 Illinois Supreme Court ruling. 50 Ill. Adm. Code 929 (eff. Dec. 19, 2014).

New eligibility criteria for the All Kids Health Insurance Program

March
2015
Illinois Law Update
Page 20
Any applications for the All Kids Health Insurance Program will now be considered with criteria established by the federal Affordable Care Act. 89 Ill. Adm. Code 123 (eff. Dec. 2, 2014).

Prohibition of transgender discrimination in health insurance practices

March
2015
Illinois Law Update
Page 20
As of July 1, 2015, discriminatory insurance practices against transgender persons will no longer be tolerated. 50 Ill. Adm. Code 2603 (eff. July 1, 2015).

Shrinking the Target: New Developments in “Targeted Tender”

By Richard J. VanSwol
March
2015
Article
Page 30
"Targeted tender" allows an insured with multiple policies covering the same risk to choose which insurers must defend first. But recent decisions have limited the scope of the doctrine.

Pages

Select a Different Subject