Publications

Articles on Insurance

Bringing an ERISA Claim: A Step-by-Step Guide

By Mark D. DeBofsky
January
2000
Article
Page 20
A practice-oriented review of one of the most important, but least understood, federal laws.

Hot ERISA Topics

By Mark D. DeBofsky
January
2000
Article
Page 27
A look at some cutting-edge ERISA issues and how courts are resolving them.

Group health care plans and patient rights

December
1999
Illinois Law Update
Page 636
On September 27, 1999, the Illinois Department of Insurance adopted emergency rules to section 5420 of the Illinois Administrative Code. 50 Ill Adm Code 5420.

HMOs may be held vicariously liable for negligence of independent contractor physicians

December
1999
Illinois Law Update
Page 636
On September 30, 1999, the Illinois Supreme Court affirmed the appellate court's decision that an HMO may be held vicariously liable, under the doctrines of apparent authority and implied authority, for the negligence of its independent contractor physicians.

The Lawyer’s Journal

By Bonnie McGrath
November
1999
Column
Page 570
Watch out, HMOs.

The Lawyer’s Journal

By Bonnie McGrath
October
1999
Column
Page 514
Insurance policies and the discovery rule; read the fine print.

Americans with Disabilities Act does not require a seller to alter his product to make it equally valuable to disabled and non-disabled policyholders

August
1999
Illinois Law Update
Page 406
On June 2, 1999, the seventh circuit reversed the holding of the United States District Court for the Northern District of Illinois and held that benefit caps on AIDS-related illnesses in the defendant's insurance policies did not violate the Americans with Disabilities Ac

The Lawyer’s Journal

By Bonnie McGrath
August
1999
Column
Page 402
Breach of fiduciary duty: A new application

The Lawyer’s Journal

By Bonnie McGrath
July
1999
Column
Page 348
Different rulings on the same-part-of-the-body rule.

The Lawyer’s Journal

By Bonnie McGrath
June
1999
Column
Page 298
Guilty but mentally ill'' passes constitutional muster

Under a business liability insurance policy, an insurer may deny coverage for wrongful death suits where an insured’s actions are willful and malicious.

June
1999
Illinois Law Update
Page 304
On April 15, 1999, the Illinois Supreme Court reversed the appellate and circuit courts.

HMO Reform Bill Passes in the House, Likely to Fail in the Senate — HB 626.

May
1999
Illinois Law Update
Page 244
A sweeping HMO reform bill, known as the Managed Care Reform Act, (passed in the Illinois House on March 24, 1999 by a margin of 62-37.

The Lawyer’s Journal

By Bonnie McGrath
April
1999
Column
Page 186
Offer, acceptance, consideration, and criminal law.

Bringing “Bad Faith Refusal to Settle” Claims Against Insurers

By G. Grant Dixon III
February
1999
Article
Page 92
Did your client's insurer refuse in bad faith to settle within policy limits? Then it should pay the price.

Illinois Adopts the “Modern” Prejudice Rule for Insurers’ Late-Notice Defense

By Stanley C. Nardoni
February
1999
Article
Page 86
The new rule—which requires insurers to show prejudice from policyholder delay before they can avoid coverage—is the better rule, this author says.

Litigating Claims Under Lost Insurance Policies in Illinois

By Todd Stewart Schenk
February
1999
Column
Page 102
A how-to guide to lost-policy lawsuits.

Insurance Company Policyholder Decisions Cannot Depend Solely on Domestic Violence Injuries; PA 90-700

January
1999
Illinois Law Update
Page 13
In determining policyholder ``rating, underwriting, or claims handling'' decisions, insurance companies cannot solely consider the fact of domestic violence injuries.

When an insured motorist has two underinsured motorists coverage policies, the primary insurer may take only one setoff for an insured’s workers’ compensation benefits, and no setoff for the insured’s social security disability benefits

January
1999
Illinois Law Update
Page 13
On October 29, 1998, the Illinois Supreme Court affirmed in part and reversed in part the appellate court's holding on setoffs applicable to two insurance policies for underinsured motorist coverage.

Annual Fee Increase for Insurers

December
1998
Illinois Law Update
Page 662
On October 1, 1998 the Department of Insurance adopted amendments to sections 4201.10 and 4210.20. 50 Ill Adm Code 4210.

The Lawyer’s Journal

By Bonnie Fitzgerald McGrath
November
1998
Column
Page 590
Post-Ellerth business boom?

New Annuity Mortality Tables

November
1998
Illinois Law Update
Page 596
On September 18, 1998, the Department of Insurance adopted amendments to section 935 in response to changes made to the ``NAIC Model Rule Regulation for Recognizing a New Annuity Mortality Table for Use in Determining Reserve Liabilities for Annuities."

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