Publications

Articles on Insurance

Illinois Insurance Code expanded to include protections for telehealth services

January
2015
Illinois Law Update
Page 16
The Illinois Insurance Code has been expanded to include coverage for telehealth services. For the purposes of this new section, "telehealth services" is defined as "the delivery of covered health care services by way of an interactive telecommunications system."

The Not-So-Accidental Claimant: Insurance Coverage for Intentional Harm

By Richard J. VanSwol
September
2014
Article
Page 444
Insurance policies don't indemnify insureds who cause intentional or expected harm. But what is and isn't "intentional" or "expected"? The cases offer some clues.

Tax Penalties and ‘Dependents’ Under the Affordable Care Act

By Alice E. Keane
August
2014
Article
Page 398
You must buy adequate health insurance for dependents under the Affordable Care Act or pay a penalty. But who is a "dependent"? A broader range of people than you might think.

Auto insurance policies cannot exclude the only named insured

March
2014
Illinois Law Update
Page 120
On December 19, 2013, the Illinois Supreme Court held that an automobile insurance policy that excluded the only named insured violated and contradicted provisions in the Illinois Vehicle Code.

High court: ‘sole insured’ can’t be excluded from vehicle liability coverage

By Janan Hanna
February
2014
LawPulse
Page 62
The Illinois Supreme Court ruled recently that it violates public policy for an auto insurer to exclude from coverage the owner of the vehicle who is also the only named insured.

IRS removes tax break for some employer health-care reimbursement schemes

By Janan Hanna
February
2014
LawPulse
Page 62
In years past, employers who don't offer medical plans to employees got a tax advantage for reimbursing some of their medical expenses. The IRS has greatly restricted that tax break.

Dramshop: Strict damage caps for the Illinois Insurance Guarantee Fund

By Adam W. Lasker
January
2014
LawPulse
Page 10
Supreme Court resolves a split in appellate decisions to strictly cap the fund's liability, despite a harsh result for the parents in Rogers.

Financial incentives for non-Medicare annuitants who opt out of the State Employees Group Health Plan

January
2014
Illinois Law Update
Page 16
The Department of Central Management Services ("CMS") has extended the financial incentives for non-Medicare annuitants who opt out of the State Employees Group Insurance. 80 Ill. Adm. Code 2106.

New application requirements for title insurance agent registration

January
2014
Illinois Law Update
Page 16
Applicants for registration as title insurance agents will now have new requirements as part of their application. Whether the applicant is a person, firm, or other type of business organization, they must submit a signed and notarized affidavit affirming that the applicant, or any member, officer, or manager thereof, has never been convicted of or pled guilty to a felony, or a misdemeanor related to thievery or dishonesty.

New proof of death requirements for life insurance and annuity forms

December
2013
Illinois Law Update
Page 612
To accommodate changes to the Illinois standard provisions for life insurance policies, 215 ILCS 5/224, the Illinois Department of Insurance changed two requirements for the construction and filing of life insurance and annuity forms. 50 Ill. Adm. Code 1405.

Electronic insurance cards now accepted

November
2013
Illinois Law Update
Page 560
The Illinois Vehicle Code has been amended to allow for the electronic display of insurance information for the proof of insurance that is required to be carried in the vehicle. 625 ILCS 5/7-602.

Requirements for obtaining registration and penalties for providing false insurance information

November
2013
Illinois Law Update
Page 560
Section 5 of the Illinois Vehicle Code has long provided that vehicle owners applying for registration need to provide detailed information regarding the insurance policy for the motor vehicle, such as the policy number, the name of the insurer issuing the policy, and the expiration date of the policy. 625 ILCS 5/3-405.

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

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