Publications

Articles on Insurance

Insurance plans must cover contraceptives P.A. 93-0102

September
2003
Illinois Law Update
Page 436
Individual or group policies of accident and health insurance amended, delivered, issued, or renewed in Illinois after January 1, 2004.

Avoiding a Coverage Hangover

By Karen Erger
August
2003
Column
Page 415
Shopping for new malpractice insurance? Make sure you don't create a gap in your coverage if and when you switch insurers.

Health Insurance for ISBA Members

By Loren Golden
June
2003
Column
Page 272
As I promised in one of my previous President's Pages, the ISBA, at my direction, was going to take a serious look at providing meaningful health insurance for our members.

Insuring against bankrupt insurers

By Helen W. Gunnarsson
June
2003
LawPulse
Page 274
What to do when an insurance company important to your case goes belly up? For one thing, consult the Illinois Office of the Special Deputy Receiver.

Changes made to beneficiaries under Teachers’ Retirement System P.A. 92-0862

May
2003
Illinois Law Update
Page 226
The State Employees Group Insurance Act of 1971 was amended recently by changing section 6.5.

Insurer must maintain “proof mailing” when notifying insured of exclusion for injuries sustained related to lead poisoning and settlement between landlord and tenant may be valid, if reasonable, when landlord assigned its rights to tenant under insurance

April
2003
Illinois Law Update
Page 168
On January 24, 2003, the Illinois Supreme Court concluded that Potomac Insurance breached its obligation to defend when it refused to defend a personal injury action for lead poisoning.

Department of Insurance restricts access to public records

March
2003
Illinois Law Update
Page 116
The Illinois Department of Insurance has adopted amendments under 2 Ill Adm Code 951 relating to Access to Public Records.

The Sarbanes-Oxley Act: How Will it Affect D&O Insurance Coverage?

By Steven R. Smith
March
2003
Article
Page 128
A review of the D&O insurance-policy terms likely to come up in litigation under the Act.

The Supreme Court Endorses the Right to Second Opinions for HMO Participants

By Travis J. Ketterman
February
2003
Article
Page 66
In Rush Prudential HMO v Moran, the Court rejected an HMO's attempt to void the Illinois HMO Act based on ERISA preemption.

Amendment to Vehicle Code requires proof financial responsibility from three-time offenders P.A. 92-0775

January
2003
Illinois Law Update
Page 14
A recent amendment to the Illinois Vehicle Code provides that a person convicted a third or subsequent time of driving without liability insurance must provide proof financial responsibility to the secretary of state for at least one year.

Insuring Your Law Practice

By Paul Sullivan
January
2003
Column
Page 41
What kinds of insurance does your practice need, and how much? Here's an overview.

Using Polygraph Results to Decide “Good Faith Denial of Coverage” Cases

By James E. DeFranco
January
2003
Article
Page 32
The author argues that polygraph results should not be admissible to establish whether an insurer did or didn't act in good faith.

Do trial lawyers have the Country behind them?

By Helen W. Gunnarsson
November
2002
LawPulse
Page 578
A recent case interpreting language that appears in many Country Companies insurance policies has the plaintiffs' bar buzzing.

Embezzlement at insurance company affects interstate commerce and Congress authorized to prohibit such conduct under Commerce Clause

October
2002
Illinois Law Update
Page 512
On August 20, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the holding of the United States District Court for the Northern District of Illinois.

Back to the Future

By Loren Golden
September
2002
Column
Page 446
One of my goals during my year as president is to determine whether the ISBA can present a meaningful, competitive health insurance program for our members.

Child support obligations regarding medical insurance more strictly enforced

September
2002
Illinois Law Update
Page 454
On July 1, 2002, the Department of Public Aid (department) amended section 160 of the Illinois Administrative Code to ensure child support obligations that include medical insurance coverage are satisfied.

Contending with HIPAA Privacy Standards in Illinois

By Neville M. Bilimoria
August
2002
Article
Page 414
This article reconciles the strictures of the Health Insurance Portability and Accountability Act with Illinois privacy law.

Law authorizes Health Maintenance Organizations (HMOs) to offer point-of-service (POS) benefits P. A. 92-0135

August
2002
Illinois Law Update
Page 402
Gov. George H. Ryan signed into law House Bill 1040 on July 24, 2001, which amended Illinois' Health Maintenance Organization Act.

Taking the Hell Out of LPL

By Karen J. Dilibert
August
2002
Column
Page 431
Do you really know what malpractice coverage you're getting under a "claims made and reported" policy? And what does "full prior acts" mean? Read on and make yourself a more informed consumer of lawyers' professional liability (LPL) insurance.

Health insurance coverage for mastectomies

June
2002
Illinois Law Update
Page 288
On March 25, 2002, the Illinois Department of Insurance (department) issued emergency amendments to section 5421 of the Illinois Administrative Code. 50 Ill Adm Code 5421.

Legislation requires direct notice to employees if an employer fails to make payments for an employer provided health insurance plan P.A. 92-0126

June
2002
Illinois Law Update
Page 288
Gov. Ryan signed into law Senate Bill 1019 on July 20, 2001, which amended the Employee Benefit Contribution Act.

Legislation restricts insurance companies from denying insurance solely on the basis of the applicant’s credit reports; P.A. 92-0480

May
2002
Illinois Law Update
Page 232
In August of last year, Gov. Ryan signed into law House Bill 2419, which amends the Illinois Insurance Code by providing that insurance companies authorized to do business in Illinois are prohibited from refusing to issue or renew certain policies of automobile insurance, fire and extended coverage insurance, and personal lines insurance, solely on the basis of an applicant's credit reports.

Supreme Court Review 2001: Getting to Know the New Court

By Nancy T. Arnold, Tim Eaton, and Michael T. Reagan
May
2002
Article
Page 236
A look at the first year's output of the newly reconstituted supreme court.

Legislation prescribes insurance requirements for condominium associations; P.A.92-0518

April
2002
Illinois Law Update
Page 176
In January, Gov. Ryan signed into law Senate Bill 1046 amending the Condominium Property Act by replacing certain provisions of the Act pertaining to insurance for condominium associations and risk pooling trust funds for condominium associations or common interest community associations. Under the new law.

Summary judgment precluded when question remained as to whether insurer breached good-faith duty to settle

February
2002
Illinois Law Update
Page 66
On November 21, 2001, the Illinois Supreme Court affirmed the appellate court's judgment that whether an auto liability insurer acted in bad faith by failing to settle a tort claim for the policy limits within the victim's unilaterally imposed deadline was a question that precluded summary judgment.

Primary Insurers’ Duty to Exercise Good Faith Toward Excess-Insurance Carriers

By Beth Boggs and Daniel McLaughlin
January
2002
Article
Page 18
A review of primary insurers' obligations to excess-insurance carriers in settlement negotiations.

Insurance policy’s automobile business exclusion violates public policy of Illinois

December
2001
Illinois Law Update
Page 624
On September 20, 2001, the Illinois Supreme Court affirmed the judgment of the appellate court, holding that the automobile business exclusion clause of an insurance policy was void as against public policy.

General Contractors and Subcontractors’ Insurers: The Additional-Insured Provision

By John H. Mathias Jr. and Timothy W. Burns
October
2001
Article
Page 526
When can a general contractor rely on its subcontractor's insurance instead of its own? This article examines recent case law.

Correspondence from Our Readers

September
2001
Column
Page 446
In defense of the common fund doctrine.

The Lawyer’s Journal

By Bonnie C. McGrath
September
2001
Column
Page 450
Two years and time's up for legal malpractice; nightshift-assignment doesn't constitute sex discrimination; and more.

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