Articles on Insurance Law

Legislative and regulatory update Insurance Law, June 2008 In January, the Illinois Department of Financial and Professional Regulation, Division of Insurance, notified all multi-peril crop insurance agents of increased efforts to eliminate rebating schemes by several entities involved in the sale of Federal Crop Insurance.
Protect yourself, protect your family with auto insurance coverage By Stephanie K. Nathanson Women and the Law, June 2008 Practically speaking, it is hard to find the time to stop and think about your automobile insurance coverage limits and how such limits can affect your life in the future.
Selected insurance legislation in the 95th General Assembly Insurance Law, June 2008 Construction Safety Act of 2008, aka, “Structural Work Act Reenactment.” Opposed by both the construction and insurance industries which have engaged a massive lobbying effort to kill it.
State Automobile Mutual Insurance Company v. Habitat Construction Company By Bruce Lichtcsien Insurance Law, June 2008 Construction accidents have historically provided fertile ground for civil litigation.
Insurance coverage for bankruptcy claims By Raymond T. Reott & Becky J. Schanz Commercial Banking, Collections, and Bankruptcy, April 2008 When a company is in bankruptcy, the rules for pursuing environmental claims often drive governmental agencies and other parties to assert claims against the bankrupt entity.
Case names and holdings Insurance Law, March 2008 HOLDING: Insured failed to satisfy condition precedent to coverage by not giving immediate notice to insurer when insured knew of an occurrence which would cause it to incur costs likely to be paid by insurer.
Case summaries Insurance Law, March 2008 Summaries of recent cases of interest to insurance law practitioners.
Converting a life insurance policy into cash while the insured is alive: Viatical and life settlements By Paul E. Freehling Senior Lawyers, March 2008 This article concerns a relatively new way to convert a life insurance policy into cash while the insured person is alive: sell it on the market.
Case law highlight: Illinois Appellate Court applies “professional services” exclusion in general liability policy to claim of negligent hiring and supervision of a professional By Daniel J. Zollner Insurance Law, December 2007 In a recent opinion, the Illinois Appellate Court gave the Professional Services exclusion in a General Liability policy an “expansive meaning” and applied the exclusion to claims relating to negligent hiring and supervision of professionals.
Case names and holdings Insurance Law, December 2007 Recent cases of interest, arranged alphabetically.
Case summaries Insurance Law, December 2007 Recent cases of interest to insurance law practitioners.
Case names and holdings Insurance Law, September 2007 A list of the cases in this issue, arranged alphabetically.
Case summaries Insurance Law, September 2007 Summaries of the cases in this issue.
Failure to insure contraceptives was not sex discrimination By Michael R. Lied Labor and Employment Law, June 2007 Union Pacific Railroad provided health care benefits to its employees who were covered by collective bargaining agreements. While the health plans provided benefits for services such as routine physical exams, they excluded coverage for a number of things. They excluded both male and female contraceptive methods, prescription and non- prescription, when used for the sole purpose of contraception. The health plans only covered contraception when medically necessary for a non-contraceptive purpose.
The Illinois Supreme Court holds that fax blasting may be potentially covered under a commercial liability policy Insurance Law, April 2007 In Valley Forge Ins. Co. v. Swiderski Electronics, Inc., the Illinois Supreme Court held that allegations against an insured for unsolicited faxes potentially fell within the insured’s commercial general liability “advertising injury” coverage as a “publication,” and “material that violates a person’s right of privacy.”
Update on Illinois Targeted Tenders under John Burns: Businesses reduce costs through the shifting of defense and indemnification costs Insurance Law, April 2007 With two additional decisions on targeted tenders and an answer to the decade-old question of horizontal exhaustion, it seems an appropriate time to review where we are with targeted tenders.
Case names and holdings Insurance Law, January 2007 A listing of recent cases, arranged alphabetically.
Case summaries Insurance Law, January 2007 Summaries of recent cases.
Insurance law update By Scott A. Blumenshine Insurance Law, January 2007 A binding arbitration agreement between an injured uninsured motorist claimant and her insurer did not bar her subsequent lawsuit alleging the insurer’s unreasonable and vexatious delay in handling her claim.
The ALTA 2006 title insurance policies and the issuance of survey coverage By Richard F. Bales Real Estate Law, December 2006 The purpose of this article is three-fold: (1), to set forth the survey-related changes to these new policies; (2), to suggest one method of addressing these changes; and (3), to provide a basis by which Illinois title companies can decide how to issue survey coverage under these title policies.
Appellate Court rules insurance exclusions ambiguous By Raymond A. Fylstra Corporate Law Departments, September 2006 In Pekin Insurance Company v. Miller, No. 1-05-4086 (1st Dist. Aug. 8, 2006), a case of first impression in Illinois, the First District Appellate Court has held that exclusions j(5) and j(6) in the standard Comprehensive General Liability (CGL) insurance policy are ambiguous.
Case names and holdings Insurance Law, September 2006 Holding: Court order establishing a battery conviction against the insured, in and of itself, did not collaterally estop insured and victim from arguing that cut was negligently inflicted.
Case summaries Insurance Law, September 2006 Holding: Court order establishing a battery conviction against the insured, in and of itself, did not collaterally estop insured and victim from arguing that cut was negligently inflicted.
Insurance law update By Robert H. Hanaford Insurance Law, September 2006 Recent cases of interest to insurance law practitioners.
Alphabetical listing of cases and holdings Insurance Law, May 2006 Founders Insurance Company v. Contreras, 2005 WL 3481345 (1st Dist. 2005), holding that an insurer had no duty to defend or indemnify non-permissive, unauthorized driver in personal injury automobile accident.
Cases Insurance Law, May 2006 Holding: Insurer had no duty to defend or indemnify non-permissive, unauthorized driver in personal injury automobile accident.
Recent developments in insurance law Insurance Law, May 2006 Recently, the Third District Appellate Court in Illinois Farmers Insurance Company v. Kure,---N.E.2d---,26 WL 864, 368 (Ill.App.3Dist.2006) held there was a duty to defend on part of the insurer for parents of a tortfeasor under their homeowner’s liability insurance policy even though there was no separate bodily injury claimed by Plaintiff which result from the alleged negligent conduct of the parents.
First District rules that two-year limitation provision in uninsured motor vehicle policy is void as against public policy By Michael J. Marovich Civil Practice and Procedure, April 2006 It is quite common for insurance carriers to place a two-year deadline from the date of a collision to make a demand for uninsured motor vehicle coverage in their automobile insurance policies.
Alphabetical listing of cases and holdings Insurance Law, February 2006 Recent cases of interest.
Cases Insurance Law, February 2006 Standard Mutual Insurance Company v. Mudron, 358 Ill.App.3d 535, 295 Ill.Dec. 118 (Ill.App. 3 Dist., 2005)

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