Articles on Insurance Law

Case Summary: ISMIE Mutual Ins. Co. v. Pergament By James Nyeste Insurance Law, September 2025 ISMIE Mut. Ins. Co. v. Pergament highlights the harsh reality that may occur in an assignment of rights settlement when the insurer continued to defend its insured under a reservation of rights and the insured had not incurred any liability in the lawsuit at the time of settlement. 
E-Clips Summaries: May 1, 2025 to August 31, 2025 Insurance Law, September 2025 Selected cases from IBSA's E-Clips that directly impact insurance law. 
From the Editor By James Nyeste Insurance Law, September 2025 A note from the Editor of The Policy, the ISBA Insurance Section Council newsletter. 
Illinois Supreme Court To Decide Question Concerning Standard Pollution Exclusion By James Nyeste Insurance Law, September 2025 A look at Griffith Foods Int’l Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA and its potential impact on the standard pollution exclusion in commerical general liability policies as the case heads to the Illinois Supreme Court. 
New Legislation By James Nyeste Insurance Law, September 2025 Effective January 1, 2026, life insurance companies issuing final expense policies will not be permitted to discriminate against potential insureds with felony convictions.
E-Clips Summaries Insurance Law, May 2025 Summaries of written case decisions of interest to insurance law practitioners that were issued from February 1, 2025, to April 30, 2025. 
Featured Case Insurance Law, May 2025 The First District Appellate Court decision in Chicago Restaurant Management Group, LLC v. Great American Ins. Co. involves the issue of whether two claims arose from “related wrongful acts” so as to bar coverage for the second claim because the D&O insurer had not been given notice of the earlier claim.
From the Editor By James T. Nyeste Insurance Law, May 2025 An introduction to the issue from the editor.
When Is Insurance Not “Other Insurance”? By David E. Schroeder Insurance Law, May 2025 A typical “other insurance” provision in a general liability policy might state that “any coverage hereunder will be excess over any other valid and collectible insurance available to the additional insured, whether primary, excess, contingent, or on any other basis.” Note that this provision only comes into play if another party has “other valid and collectible insurance.” This article examines situations where what appears to be an insurance policy or insurance coverage has been found not to be “other valid and collectible insurance” for the purposes of “other insurance” clause analysis.
E-Clips Summaries Insurance Law, February 2025 Summaries of written case decisions of interest to insurance law practitioners that were issued from November 1, 2024, to January 31, 2025. 
Featured Case Insurance Law, February 2025 A look at Menard, Inc. v. Illinois Farmers Ins. Co., a case of interest to insurance law practitioners, from the Third District of the Illinois Appellate Court. 
From the Editor By James T. Nyeste Insurance Law, February 2025 An introduction to the issue from the editor.
New Illinois Health Insurance Legislation Insurance Law, February 2025 Summaries of legislation of interest to insurance law practitioners.
Understanding the Illinois DOI’s External Review Process: A Guide for Attorneys By Jennifer M. Danish Insurance Law, February 2025 A guide for Illinois attorneys on navigating the IDOI External Review Process, emphasizing research, insurer criteria, and medical evidence to contest health coverage denials effectively.
E-Clips Summaries Insurance Law, November 2024 Summaries of written case decisions of interest to insurance law practitioners that were issued from August 1, 2024, to October 31, 2024. 
Featured Cases Insurance Law, November 2024 Summaries of the Illinois Supreme Court case, Zurich American Ins. Co. v. Infrastructure Engineering, Inc., and the First District Illinois Appellate Court case, Stonegate Ins. Co. v. All City Towing, Inc.
From the Editor By James T. Nyeste Insurance Law, November 2024 A note from the editor. 
Is an Insured-versus-Insured Exclusion in a D&O Policy an Illegal Ipso Facto Clause? By John M. Fitzgerald Insurance Law, November 2024 While Section 541(c)’s ban on ipso facto clauses should be broadly construed to prevent debtors and creditors from circumventing the Bankruptcy Code, the conclusion from In re Ford City Condo. Ass’n., 653 B.R. 420 (Bankr. N.D. Ill. 2023) seems to reach the correct result. 
E-Clips Summaries Insurance Law, October 2024 Summaries of written decisions issued in cases of interest to insurance law practitioners.
From the Editor By James Nyeste Mineral Law, October 2024 An introduction to the issue from the editor.
From the Editor By James Nyeste Insurance Law, October 2024 An introduction to the issue from the editor.
Tips For Demand Drafting By Michael J. Zywica Insurance Law, October 2024 Tips to help you save money while also producing a demand that will not only leave the adjuster or opposing attorney thanking you for distilling voluminous information but also serve your client’s best interests.
Case Names and Holdings Insurance Law, May 2024 A list of the cases in this issue, arranged alphabetically, and their holdings.
Case Summaries Insurance Law, May 2024 Summaries of the cases in this issue.
Galarza v. Direct Auto Insurance Co.: The Illinois Supreme Court Addresses the Issue of Uninsured Motorist Coverage for a Pedestrian By Michael J. Zywica Insurance Law, May 2024 In Galarza v. Direct Auto Insurance Co., the Illinois Supreme Court considered whether a provision in an automobile insurance policy that limited uninsured motorist coverage to insureds occupying an “insured automobile” violated the Illinois Insurance Code.
Words and Phrases Index of Cases Insurance Law, May 2024 A list of the cases in this issue organized by subject.
The Basics of the No Surprises Act By David A. Bryant Insurance Law, May 2023 The No Surprises Act is a federal law passed in December 2020 that aims to protect patients from surprise medical bills, which can be expensive and cause financial hardship for patients.
Case Names and Holdings Insurance Law, May 2023 A list of the cases in this issue, arranged alphabetically, and their holdings.
Importance of Video Evidence Shown in Illinois Appellate Court Overturning Summary Judgment in Recent Premises Liability Case By Jason G. Schutte Insurance Law, May 2023 Advances in technology and the presence of video capable devices make real time documentation key evidence in current and future litigation.
Words and Phrases Insurance Law, May 2023 A list of the cases in this issue organized by subject.

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