Section Newsletters

Articles on Insurance Law

Duty to defend: tender Insurance Law, March 1999 General contractor's targeted tender to subcontractor's insurer nevertheless entitles subcontractor's insurer to contribution from general contractor's own insurer due to "other insurance" clause in subcontractor's insurer's policy.
Exclusions: family member Insurance Law, March 1999 Partial abrogation of parent-child immunity does not invalidate household exclusion in automobile policy.
Exclusions: sexual assault Insurance Law, March 1999 Insurer had no duty to defend or indemnify where allegations of complaint unambiguously established that insured participated in the physical abuse of a minor.
Fire insurance: time limitation Insurance Law, March 1999 Two-year statute of limitations for contribution actions governed property insurer's contribution action against liability insurer.
Late notice: in general Insurance Law, March 1999 Insured's failure to notify insurer of claim during policy period precluded coverage under claims-made legal malpractice insurance policy.
Life and disability insurance: beneficiaries Insurance Law, March 1999 Designation of beneficiary for life insurance policy held to be invalid under Federal Employees' Group Life Insurance Act because it was not signed by insured.
Life and disability insurance: exclusions Insurance Law, March 1999 Blood alcohol exclusion in husband's life insurance policies precluded coverage for widow.
Limits of liability Insurance Law, March 1999 Settlement agreement between insured and its liability insurers which addressed exhaustion of limits superceded and extinguished insured's rights under the policies.
Other insurance Insurance Law, March 1999 Property insurer entitled to contribution from liability insurer where both policies contained excess other insurance clauses.
Alphabetical listing of cases Insurance Law, January 1999 Allstate Insurance Company; Hines v.Allstate Insurance Company; John Deere Insurance Company v.
Bad faith: statutory Insurance Law, January 1999 Insurer's delay in settling uninsured motorist claim was vexatious and unreasonable under section 155 of Illinois Insurance Code.
Certificate of insurance Insurance Law, January 1999 Insured may not rely on representations in certificate.
Declaratory judgment: timing Insurance Law, January 1999 A declaratory judgment brought to determine an insurance policy's limits of liability is premature prior to a finding of liability.
Definitions: covered automobile Insurance Law, January 1999 Truck rented by employee at employer's request qualifies as a "borrowed" auto.
Duty to defend: additional insured Insurance Law, January 1999 Contractor not covered where subcontractor not named as a defendant.
Duty to defend: intentional act Insurance Law, January 1999 Intent to injure cannot be inferred in cases where a minor insured sexually abuses another minor.
Duty to defend: tender Insurance Law, January 1999 Clause requiring insured to tender suit to other insurer not violative of public policy.
Exclusions: automobile business Insurance Law, January 1999 Automobile business exclusion precluded coverage under car wash customer's automobile policy for accident caused by employee of car wash.
Exclusions: employee Insurance Law, January 1999 Employee exclusion did not preclude coverage for claim against son of employee of the named insured.
Fidelity bonds Insurance Law, January 1999 Bank employee's participation in check kiting scheme was "dishonest," employee had "manifest intent" to harm bank, and losses to bank did not arise out of "loans" for purposes of coverage under fidelity bond.
Fire insurance: exclusions Insurance Law, January 1999 Collapse exception to water damage exclusion did not apply to damage caused by seepage of underground water.
Fire insurance: time limitation Insurance Law, January 1999 Proof loss made immediately after loss tolled one-year limitations period for additional living expenses claim until date insurer paid structural claim.
Insolvency: in general Insurance Law, January 1999 Common law retaining lien may not be asserted in proceeding to liquidate insolvent insurer.
Life insurance - beneficiaries Insurance Law, January 1999 Insured's change of beneficiary in life insurance policy two months prior to filing petition for dissolution of marriage did not violate automatic stay provision of Marriage Act.
Mandatory insurance Insurance Law, January 1999 Statutorily required limits of liability for car dealerships' insurance should not change according to identity of person driving automobile at time of accident.
Other insurance Insurance Law, January 1999 Umbrella policy is excess over primary CGL policy containing excess "other insurance" clause.
Permissive user: subsequent permittee Insurance Law, January 1999 Permission given by insured corporation to its employee for purposes of renting truck extended to son of employee.
Prejudgment interest Insurance Law, January 1999 Umbrella insurer entitled to prejudgment interest from primary CGL insurer on amount it contributed to settlement of underlying action.
Statute of limitations: general Insurance Law, January 1999 Two-year statute of limitations does not apply to section 155 of the Illinois Insurance Code.
Underinsured motorists coverage: stacking Insurance Law, January 1999 "Out of state" coverage provision in UIM coverage does not act as choice-of-law provision; therefore UIM limits cannot be stacked on top of benefits already received, where benefits received equaled UIM limits.

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