Publications

Articles on Insurance

New life insurance standards for reserve liabilities and nonforfeiture values

March
2009
Illinois Law Update
Page 122
The Department of Financial and Professional Regulation added a new Part to Title 50 entitled,Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values. 50 Ill Adm Code 1414, 32 Ill Reg. 19725. 

Understanding Uninsured and Underinsured Motorist Provisions

By Helen W. Gunnarsson
March
2009
Article
Page 126
UM/UIM provisions can salvage what would otherwise be a no-recovery case, but you need to understand your clients’ liability policies, not just the tortfeasors’.

When Does an Insured Have a Right to Independent Counsel?

By Robert P. Vogt
March
2009
Article
Page 142
A look at the kinds of conflict of interest with insurers and others that trigger an insured’s right to independent counsel.

Rules protect people whose insurance carriers fail to provide proof of coverage

June
2008
Illinois Law Update
Page 284
The Department has modified their rules governing insurance in Part 2025, titled "Illinois Health Insurance Portability and Accountability Standards." 50 Ill Adm Code 2025.

Undefined “death benefits” include life insurance proceeds

June
2008
Illinois Law Update
Page 284
On April 7, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Winnebago County ordering life insurance proceeds to be delivered to the decedent's children, instead of the listed beneficiary. 

The Attorney-Client Privilege and the Common-Interest Doctrine

By James A. Hansen and Melinda S. Madison
April
2008
Article
Page 204
Under the common-interest doctrine, an attorney's advice to an insurance-company client might not be privileged in a later dispute with the insured.

Correspondence from Our Readers

April
2008
Column
Page 170
The Kotecki gap; the perils of forms; the conscience of a lawyer. 

Illinois Insurance Code amended. PA 95-0213

April
2008
Illinois Law Update
Page 180
Numerous sections of the Illinois Insurance Code have been amended relating to public insurance adjustment. 215 ILCS 5/512.52. 

Life insurance cannot be used to secure maintenance payments

March
2008
Illinois Law Update
Page 124
On January 3, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the circuit court requiring the respondent to designate his ex-wife Sandra as the beneficiary of his life insurance policy as security for his maintenance obligation.

The “Kotecki” Gap: No Insurance Coverage for Assumed Liability

By Christopher E. Kentra
February
2008
Article
Page 88
Lawyers who represent manufacturers, insurers and others need to understand the Kotecki gap and the supreme court's ruling that most insurance policies don't cover it.

Protection of Military Personnel from False, Misleading, or Deceptive Insurance Practices

January
2008
Illinois Law Update
Page 16
Effective January 1, 2008, the Department of Financial and Professional Regulation has issued new regulations affecting what methods and practices insurance companies can employ when they sell or attempt to sell life insurance to military personnel. 50 Ill Adm Code 2605.

Changes to rules governing advertising of life insurance and annuities

November
2007
Illinois Law Update
Page 576
Several sections of Title 50, Section 909 of the Illinois Administrative Code have been amended and a new section added. 

Medicaid Planning in Illinois: Are You Ready for the DRA?

By Kirsten Izatt
November
2007
Article
Page 586
The Deficit Reduction Act of 2005 requires estate planners to devise new ways to protect the assets of clients who face long nursing-home stays. Illinois hasn't implemented the law, but it will.

Correspondence from Our Readers

September
2007
Column
Page 450
Medicare and Medicaid; not the same thing.

New rules aim to reduce chance of erroneous license suspensions

July
2007
Illinois Law Update
Page 348
The Department of Transportation has amended its rules to make the policies of the Secretary of State consistent with those of the Division of Insurance and to ensure that drivers' licenses are not erroneously suspended. 92 Ill Adm Code 1070.20.

Correspondence from Our Readers

May
2007
Column
Page 226
Report ARDC letters to your malpractice carrier

Insurers’ Claims for Reimbursement from PI Recovery: Recent ERISA Rulings

By James T. Nyeste
May
2007
Article
Page 244
Healthcare plan reimbursement has been a contentious issue. The Supreme Court's Sereboff ruling answered some questions, but others remain. 

Rules created to implement Veterans’ Health Insurance Program Act

April
2007
Illinois Law Update
Page 176
The Department of Healthcare and Family Services (Department) has created rules to implement the Veterans' Health Insurance Program Act (Act). 

Basic “right to privacy” inherently includes interests of secrecy and seclusion

February
2007
Illinois Law Update
Page 72
On November 30, 2006, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of McHenry County, granting summary judgment to the insured, Swiderski Electronics, Inc (Swiderski), and holding that the insurer, Valley Forge Insurance Company (Valley Forge), had a duty to defend a breach of privacy action brought against the insured. 

Insurers and Recovering the Cost of Defending Insureds: Illinois’ Restrictive Approach

By Alan J. Brinkmeier and John D. Dalton
January
2007
Article
Page 42
The tough Illinois standard could be bad for policyholders as well as insurance companies, these defense lawyers argue.

New corresponding rules to the Covering ALL KIDS Health Insurance Program Act

January
2007
Illinois Law Update
Page 14
The Department of Healthcare and Family Services (Department) has created part 123 of title 89 of the Illinois Administrative Code (Code) to implement the Covering ALL KIDS Health Insurance Program Act (Act). 215 ILCS 170/1 et seq. 

Where Spoliation of Evidence Meets the Duty to Defend

By Charles L. Philbrick
December
2006
Article
Page 670
A look at the law of spoliation from the insured's perspective.

Courts have new powers regarding children’s health insurance in divorces -PA 094-0923

November
2006
Illinois Law Update
Page 584
Recently, the Illinois General Assembly amended section 505.2 of the Illinois Marriage and Dissolution of Marriage Act in by adding paragraph (2.5) to subsection (c) in order to ensure health insurance is provided for children of divorce in an equitable manner. 750 ILCS 5/505.2(c)(2.5).

Busting Professional Liability Insurance Myths

By Karen Erger
August
2006
Column
Page 442
Dealing with an uninsured malpractice claim is no stroll down the midway.

Insureds must give reasonable notice of claims or suits to insurers

By Helen W. Gunnarsson
July
2006
LawPulse
Page 338
The supreme court holds that insurers may refuse to indemnify insureds who don't give timely notice of a claim, even if the insurer isn't prejudiced by the delay. 

Insureds to be viewed separately in determining coverage

June
2006
Illinois Law Update
Page 284
On April 3, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Will County, holding that a liability insurer, Illinois Farmers Insurance Company (Farmers), had a duty to defend and indemnify two insureds, Thomas and Cindy Kure. 

New guidelines for capitated agreements between HMOs and MCOs

June
2006
Illinois Law Update
Page 284
By amending Part 5421 to Title 50, the Department of Financial and Professional Regulation has added new requirements for capitated agreements between Health Maintenance Organizations (HMOs) and Managed Care Organizations (MCOs). 

New rule for providers of health insurance

May
2006
Illinois Law Update
Page 230
Effective February 15, 2006, the Illinois Department of Financial and Professional Regulation has added new sections to Part 2025 of Title 50.  

Bohner redux: insured properly denied coverage for “illegal” act, 7CA rules

By Helen W. Gunnarsson
April
2006
LawPulse
Page 166
Like the Illinois Appellate Court, the federal seventh circuit ruled recently that an insurance company properly denied coverage to an under-the-influence driver based on the policy's exclusion for "illegal" acts.

Criminal-acts exclusion bars insurance recovery to DUI driver

By Helen W. Gunnarsson
March
2006
LawPulse
Page 110
The court said a lesser traffic offense wouldn't trigger the auto-gap-policy exclusion. But will the ruling's logic be applied to other insurance policies with similar language? 

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