Illinois Bar Journal


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Articles on Insurance

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? 
Minimum levels of financial responsibility for Illinois drivers altered February 2006 Illinois Law Update, Page 68 The Illinois Department of Transportation has added new sections to Part 387 of Title 92, 92 Ill Adm Code 387, that will be effective as of November 10, 2005. 
The ABCs of D&O Insurance: An Illinois Lawyer’s Guide By Anjali C. Das June 2005 Article, Page 304 A look at common D&O policy provisions and exclusions with a view toward helping lawyers advise corporate clients.
Illinois Supreme Court 2004: Taking on the Tough Issues By Nancy J. Arnold and Tim Eaton April 2005 Article, Page 174 Last year the court confronted contentious issues that matter not just to lawyers but to the public at large.
Study will investigate possible small employer health insurance pools PA 093-0824 April 2005 Illinois Law Update, Page 170 Effective immediately, the Comprehensive Health Insurance Plan Board will conduct a feasibility study of establishing a small employer health insurance pool.