Subject Index Insurance

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 & 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 & 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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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.

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