Publications

Articles on Insurance

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.

Proposed legislation would fix an underinsured-motorist pothole

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
Even seasoned lawyers representing victims of underinsured motorists should beware this trap and encourage legislators to remove it.

Children granted health insurance coverage while applications for medical benefits are processed

December
2004
Illinois Law Update
Page 620
The Illinois Department of Public Aid recently adopted 89 Ill Adm Code 120.

How to Respond to an ARDC Complaint

By Michael L. Shakman and Arthur W. Friedman
October
2004
Article
Page 530
You get the dreaded letter from the ARDC– what do you do? Here's a step-by-step guide.

Individuals may elect to reduce automobile insurance coverage P.A. 093-0762

September
2004
Illinois Law Update
Page 456
Effective immediately, any named insured person or applicant has the right to reject additional uninsured motorist coverage. 

Social security numbers may not be printed on insurance cards P.A. 093-0728

September
2004
Illinois Law Update
Page 456
A person or entity may not print an individual's social security number on an insurance card.

You, too, can be title insurance agent

By Helen W. Gunnarsson
August
2004
LawPulse
Page 390
Have – or hope to have – an active residential real estate practice? If you're not a title agent already, becoming one might well boost your bottom line.

Department of Insurance Simplifies Regulations

May
2004
Illinois Law Update
Page 242
The Illinois Department of Insurance has simplified regulations regarding the rates charged to motorists with theft deterrent devices in their vehicles. 

Cause of action recognized for negligent issuance of a life insurance policy based upon the proposed insured’s lack of knowledge and consent to the policy

April
2004
Illinois Law Update
Page 176
On January 23, 2004, the Illinois Supreme Court affirmed the judgment of the appellate court, which reversed the circuit court's grant of the defendant's motion to dismiss.

Carnival and Amusement Insurance Regulated

February
2004
Illinois Law Update
Page 70
The Illinois Carnival-Amusement and Safety Board adopted amendments to 56 Ill. Adm. Code 6000 to establish and clarify regulations related to insurance coverage on carnival and amusement rides.

The Downsizing, then Supersizing of Medicare’s Super Lien

By Fred Johnson
January
2004
Article
Page 40
A federal appellate decision limited Medicare's subrogation interest in settlement proceeds, but the new Medicare reform law legislatively overturned the court and expands the lien.

Insuring Against Insolvent Insurers: The Illinois Insurance Guaranty Fund

By Marlene A. Kurilla and Melissa A. King
November
2003
Article
Page 560
Which insurers are covered and which are not? What's a "covered claim"? Find out how the fund works.

Is it Time to Revise the Illinois Mechanics Lien Act?

By Bruce T. Logan
November
2003
Article
Page 566
This author argues that the Act is out of step with modern construction, lending, and insurance practice.

Making UIM arbitration awards binding in more cases

By Helen W. Gunnarsson
November
2003
LawPulse
Page 544
Effective January 1, an ISBA-backed bill more than doubles the statutory limits on binding arbitration awards in UIM cases, reducing the incentive for insurers to reject them.

Customer information to be safeguarded under new regulations

October
2003
Illinois Law Update
Page 492
The Illinois Department of Insurance recently adopted rulemaking with the goal of providing better safeguards for customer information.

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