Disputed coverage and an insurer’s duty to settleBy Carol ProctorInsurance Law, March 2010Few courts have addressed the issue of whether an insurer can settle the covered counts of a complaint, leaving the non-covered counts, and withdraw its defense of the insured.
From the editorsBy James T. NyesteInsurance Law, March 2010An introduction to this issue from the newsletter's Managing Co-Editor, James T. Nyeste.
From the editorsBy James T. NyesteInsurance Law, December 2009This issue of The Policy features an article concerning the Obama Administration’s financial regulatory reform plan and a bill introduced in November by Senator Dodd (D-CT), which may have significant effects on the insurance industry generally, not just on health insurance. Much remains uncertain, but the article discusses where we may be headed.
Case summariesInsurance Law, October 2009Recent cases of interest to insurance law practitioners.
From the editorsBy James T. NyesteInsurance Law, October 2009As the new Managing Co-Editor of The Policy, I look forward to continuing the work performed by past Managing Co-Editor Patricia Zimmer and to bringing readers of theThe Policy timely and accurate analyses of current insurance cases.
Two recent cases address who must be insured for UIM coverageBy Kevin W. BloeseInsurance Law, October 2009Two recent appellate court decisions, Schultz v. Illinois Farmers Insurance Company, 387 Ill. App. 3d 622, 327 Ill. Dec. 224, 901 N.E.2d 957 (1st Dist. 2009), and DeSaga v. West Bend Mutual Insurance Company, ___ Ill. App. 3d ___, 331 Ill. Dec. 86, 910 N.E.2d 159 (3d Dist. 2009), will require that automobile insurers use a uniform definition of an “insured” for the liability, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage.
Case names and holdingsInsurance Law, June 2009A list of the cases in this issue, arranged alphabetically.
Case summariesInsurance Law, June 2009Summaries of the cases in this issue.
Defining the contours of subrogationBy Samuel H. LevineReal Estate Law, June 2009Four recent cases have addressed the contours of equitable and conventional subrogation in the context of refinancing mortgagees.
The progeny of Arthur v. CatourBy James K. TheisenTort Law, May 2009How much can a plaintiff be awarded for medical bills if the plaintiff’s health insurance pays the medical bills at a discounted rate? Should the plaintiff receive an award for the full amount or just the discounted amount? How much can a plaintiff be awarded for medical expenses provided free of charge? These questions are answered by the collateral source rule.
Case summariesInsurance Law, March 2009Summaries of the cases in this issue.
Insurers & the Troubled Asset Relief ProgramInsurance Law, March 2009On October 3, 2008, the Emergency Economic Stabilization Act of 2008 (“EESA”) established the Troubled Asset Relief Program (“TARP”) in an effort to restore liquidity and stability to the U.S. financial system.
A life to die for: A case study on life insurance settlementsBy Stephen M. MargolinTrusts and Estates, March 2009A fictional story illustrating why life insurance policy issuers may wish to re-examine their negative outlook on the life insurance settlement business.
Scrivener be aware: Attention to detail is essential in vendor’s endorsementsBy Hon. James Fitzgerald Smith & Julia Illman ManessCivil Practice and Procedure, February 2009A recent opinion by the Illinois appellate court, First District, Fifth Division, reminds us that attention to detail when drafting a vendor’s endorsement in an insurance contract is of utmost importance.
Case names and holdingsInsurance Law, December 2008Where contractor was an additional insured under a subcontractor’s liability policy for “liability arising out of [the subcontractor’s] work” and a third party complaint alleged the subcontractor’s work to be negligent, the insurer had a duty to defend the contractor.
Case summariesInsurance Law, December 2008Holabird and Root (H & R) served as general contractor for the construction of the City of Chicago’s leased space in the Goldblatt building, owned by DePaul University.
Insurer must defend maker of lead paint-tainted toysBy Laura A. Foggan & Karalee C. MorellCorporate Law Departments, October 2008Last year’s massive series of recalls of children’s toys manufactured in China that contained lead paint spurred lawsuits seeking insurance coverage for losses arising out of the recalls.
Case names and holdingsInsurance Law, June 2008HOLDING: Insurer that sued two of its former agents for breach of contract and tortuous interference arising out of agents’ solicitation of former customers after termination of the agency using confidential information extracted from insurer’s computers, filed declaratory judgment action seeking to establish whether it had a duty to defend agent pursuant to personal and advertising injury coverage in a business owners liability policy.
Case summariesInsurance Law, June 2008HOLDING: Insurer that sued two of its former agents for breach of contract and tortuous interference arising out of agents’ solicitation of former customers after termination of the agency using confidential information extracted from insurer’s computers, filed declaratory judgment action seeking to establish whether it had a duty to defend agent pursuant to personal and advertising injury coverage in a business owners liability policy.