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Illinois Bar Journal

 

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Articles on Insurance

Third party insurer liability under the Illinois Public Aid Code October 2013 Illinois Law Update, Page 504 The Illinois Public Aid Code has been amended to address third party liability. 305 ILCS 5/12-4.45.
Liquidated damages of $500 per Telephone Consumer Protection Act violation not punitive, and thus insurer must pay August 2013 Illinois Law Update, Page 392 On May 23, 2013, the Illinois Supreme Court held that the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. section 227(b)(3) (2006), was a remedial statute, not a punitive statute.
Court rejects assignment of claim against insolvent insurer July 2013 Illinois Law Update, Page 336 On April 16, 2013, the first district appellate court held that the insured of an insolvent insurer could not recover any proceeds from its insurance policies above the amount paid to an injured party in a settlement agreement.
Insurable interest in building remains after demolition contract is signed December 2012 Illinois Law Update, Page 632 On September 28, 2012, the first district appellate court held that an insured who owned and had entered into a demolition contract for a building, but had not yet begun to demolish the building, had an insurable interest in the building when it was damaged in a fire.
Illinois insurance laws do not apply to certain religious organizations. PA 097-0705 and PA 097-0707 September 2012 Illinois Law Update, Page 464 Illinois lawmakers have amended the Illinois Insurance Code (215 ILCS 5/4) to read that Illinois insurance laws do not apply to arrangements between religious organizations and their participants when 12 criteria are met.
Insurance coverage for tobacco use cessation programs. PA 097-0592 June 2012 Illinois Law Update, Page 292 The Illinois Insurance Code has been amended to require insurance companies to offer coverage for tobacco use cessation programs subject to certain exceptions.
Three Title Insurance Traps for Real Estate Lawyers By Michael J. Rooney March 2012 Article, Page 146 Closing protection letters, the Form DS-1 disclosure, and key 2010 revisions to the Rules of Professional Conduct are potential pitfalls for real estate lawyers.
Two-year limitation on claims under insurance policy violates Illinois public policy November 2011 Illinois Law Update, Page 556 On August 30, 2011, the Appellate Court for the Third District of Illinois reversed a circuit court's denial of a motion to compel arbitration.
Implementing standard nonforfeiture law for life insurance October 2011 Illinois Law Update, Page 496 The Illinois Department of Insurance recently adopted new rules for reasonable nonforfeiture benefits in the event a consumer decides to terminate certain life insurance policies as authorized by section 229.2 of the Illinois Insurance Code [215 ILCS 5/229.2].
2011 Spring Session Legislative Roundup By Jim Covington August 2011 Column, Page 392 A summary of key legislation from this year's session.
Ten Unreasonable Reasons Not to Report a Professional Liability Claim By Karen Erger August 2011 Column, Page 418 Don't let fear cloud your judgment when it comes to reporting claims.
Marital Property: Making the Pie Larger By Professor H. Joseph Gitlin July 2011 Column, Page 367 Employer-based health insurance should be treated as marital property.
A trial de novo provision in an insurance policy did not violate public policy and was not unconscionable July 2011 Illinois Law Update, Page 336 A provision allowing either party in an insurance contract to demand a de novo review by a trial court following arbitration is not unenforceable when it appears in an under-insured motorist policy according to a new holding from the Illinois Supreme Court.
Health Care Reform: the Constitutional Challenge to the Individual Mandate By Brian J. McKenna and Nancy K. McKenna May 2011 Article, Page 246 The individual mandate, which penalizes the failure to buy health insurance, is at the heart of the constitutional challenges to health care reform. Here's a reader-friendly guide to the arguments.
Life Insurance Proceeds Are Exempt From Creditors - Or Are They? By Thomas A. Pasquesi and Thomas M. Badenhausen May 2011 Article, Page 254 The law exempts life insurance policy proceeds from the claims of a decedent-insured's creditors. But exceptions give creditors an opportunity to recover.
Insurance company not required to pay attorney fees because actions were reasonable part of bona fide defense March 2011 Illinois Law Update, Page 124 On December 28, 2010, the Appellate Court of Illinois, Third District, granted a motion for summary judgment after an insured sought private attorney's fees from her insurance company in the wake of a car accident and the ensuing litigation.
Spooky Tales from the Malpractice Coverage Campfire By Karen Erger February 2011 Column, Page 104 Don't let exclusions in your malpractice coverage give you a scary surprise.
Are you ready for health care reform? By Helen W. Gunnarsson October 2010 LawPulse, Page 502 Important provisions of the Patient Protection and Affordable Care Act are kicking in, and lawyers - both as employers and counselors - need to take note.
Mandatory unemployment insurance disclosure by not-for-profit employers. P.A. 096-0970 September 2010 Illinois Law Update, Page 452 The Illinois General Assembly has amended the General Not-For-Profit Corporation Act of 1986, requiring not-for-profit corporations to inform their employees by written notice or in their employment contract that they are not eligible for unemployment insurance benefits.  
Using Life Insurance to Secure a Maintenance Obligation By Rob Shumaker September 2010 Article, Page 466 What happens when a maintenance-paying spouse dies shortly after the judge signs the dissolution judgment? Is the maintenance recipient out of luck? That may depend on where the case arose.
Penalties enhanced for uninsured motorists who harm another person. PA 096-0143 June 2010 Illinois Law Update, Page 292 Motorists without automobile insurance who harm another person could face nearly one year in prison under a new law passed last year by the Illinois General Assembly. 
Analyzing Occurrences in Insurance Coverage Cases: The Cause Theory After Addison v Fay By Ross B. Edwards March 2010 Article, Page 152 When does an incident involving multiple parts or parties constitute only a single "occurrence" for insurance-coverage purposes? Read what the Illinois Supreme Court said recently.
ISBA Mutual - A Success Story for Illinois Lawyers By John G. O’Brien January 2010 Column, Page 8 Here's what sets this lawyer-owned insurance company apart.
Stranger-Owned Life Insurance: The Rewards: a Fictional Case Study By Stephen M. Margolin and Valerie J. Freireich November 2009 Article, Page 568 An elderly - and wealthy - person lets investors buy insurance on his life in return for cash, and everyone makes money. Or do they?
Stranger-Owned Life Insurance: The Risks and How to minimize them By James C. Shanley November 2009 Article, Page 569 An elderly - and wealthy - person lets investors buy insurance on his life in return for cash, and everyone makes money. Or do they?
Act amends insurance code to provide information on identity theft protection and deterrence. PA 096-0167 October 2009 Illinois Law Update, Page 496 Illinois lawmakers have amended the Illinois Insurance Code to include a new section requiring that the Department of Insurance develop a consumer fact sheet regarding identity theft insurance.
Act extends ability of terminated employees to continue medical insurance coverage. PA 096-0013 August 2009 Illinois Law Update, Page 392 The Illinois General Assembly has amended the Illinois Insurance Code (Code) and the Health Maintenance Organization Act to provide for circumstances in which employees who are terminated or whose hours fall below the minimum hours necessary for coverage may continue to be covered under a group policy or group HMO coverage plan. 
Passing the Buck: Private Split-Dollar for Every Vocabulary By Katarinna McBride May 2009 Column, Page 262 Split-dollar agreements allow wealthy clients to use life-insurance trusts to avoid gift taxes and maximize estate value.
The Collateral Source Rule after Wills v Foster By Jennifer L. Tweeton and Erin N. Graham April 2009 Article, Page 184 A review of the supreme court’s decision in Wills, which allows plaintiffs to recover the “reasonable” (i.e., undiscounted) value of their medical expenses, even if paid by Medicare or some other third party.
Different definitions of an insured for UM and UIM coverage disregards legislative intent March 2009 Illinois Law Update, Page 122 On January 8, 2009, in a consolidated appeal, the Illinois Appellate Court, First District, reversed the judgment of the Circuit Court of Cook County granting summary judgment in favor of Farmers Insurance Company in the Schultz action and granting summary judgment in favor of Barbara Weglarz in the Weglarz action.