Illinois Bar Journal

Articles on Insurance

Life Insurance Proceeds Are Exempt From Creditors - Or Are They?

By Thomas A. Pasquesi & 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

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 & 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 & 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.

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 & 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.

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