Recent developments in insurance lawBy Laura KotelmanInsurance Law, February 2006On August 18, 2005, the Illinois Supreme Court issued a long-awaited opinion in Avery v. State Farm Mutual Automobile Insurance Co., No. 91494, 2005 WL 1981444 (Ill., Aug. 18, 2005).
CasesInsurance Law, January 2006Summaries of recent cases.
Criminal acts exclusion in auto gap insurance policy applies to driving under the influenceBy Michael J. MarovichCivil Practice and Procedure, January 2006In Bohner v. Ace American Insurance Company, 359 Ill. App. 3d 621, 834 N.E.2d 635 (2nd Dist. 2005), the Second District Illinois Appellate Court held that the criminal acts exclusion in an automobile gap insurance policy applies in a driving-under-the-influence case.
Insurance companies beware: Documents normally privileged may be discoverableBy D.J. EvansCivil Practice and Procedure, November 2005The Fourth District Appellate Court’s decision in Western States Insurance Co. v. O’Hara places greater responsibility on insurance companies to deal fully and fairly with their insureds and third parties in response to discovery requests.
Alphabetical listing of cases and holdingsInsurance Law, September 2005American Family Insurance Group v. Felicia Cleveland, 356 Ill.App.3d 945, 292 Ill.Dec. 961 (Ill.App. 4 Dist., 2005).
CasesInsurance Law, September 2005Holding: Right of subrogation within the policy was enforceable against injured passenger in insured's vehicle.
Recent developments in insurance lawInsurance Law, September 2005The United States Court of Appeals for the Ninth Circuit was recently faced with a question of first impression.
Alphabetical listing of cases and holdingsInsurance Law, June 2005llinois State Bar Association v. Coregis Insurance Company, 355 Ill.App.3d 156, 821 N.E.2d 706, 290 Ill.Dec. 394 (1 Dist., 2004); Misrepresentation: A material misrepresentation in an insurance application renders the policy voidable not void ab initio.
CasesInsurance Law, June 2005HOLDING: Misrepresentation: A material misrepresentation in an insurance application renders the policy voidable not void ab initio.
Alphabetical listing of cases and holdingsInsurance Law, May 2005AAA Disposal Systems, Inc. v. Aetna Cas. and Sur. Co., 355 Ill.App.3d 275, 821 N.E.2d 1278, 290 Ill.Dec. 704 (Ill.App. 2 Dist., 2005); An insured must reasonably comply with the notice of occurrence and notice of claim provisions contained in an insurance policy.
CasesInsurance Law, May 2005An alphabetical listing of recent cases.
Alphabetical listing of casesInsurance Law, December 2004Mitchell v. State Farm Fire and Casualty Company, 343 Ill.App.3d 281, 796 N.E.2d 617, 277 Ill. Dec. 531 (4th div. 2004) SUIT LIMITATION PERIOD (1434).
CasesInsurance Law, December 2004Recent cases of interest.
Governor Rod Blagojevich signed Senate Bill 2238 into law on July 16, 2004By Laura KotelmanInsurance Law, December 2004First, in provisions pertaining to the limits of liability for an insurer providing underinsured motorist coverage, it deletes the sentence that provides that the maximum amount payable by the underinsured motorist coverage carrier shall not exceed the amount by which the limits of the underinsured motorist coverage exceeds the limits of the bodily injury liability insurance of the owner or operator of the underinsured motor vehicle.
Alphabetical listing of casesInsurance Law, November 2004Alberto-Culver Company v. Aon Corporation, 351 Ill.App.3d 123, 812 N.E.2d 369, 285 Ill. Dec. 549 (1st dist. 4th div. 2004) EXCLUSIONS: COMMERCIAL ACTIVITY (1435)
CasesInsurance Law, November 2004Automatic insurance clause extends coverage to newly-acquired vehicle for accident occurring during grace period despite lack of notice to insurer that insured automobile has been replaced.
Words & phrases index of casesInsurance Law, November 2004Automatic insurance clause extends coverage to newly-acquired vehicle for accident occurring during grace period despite lack of notice to insurer that insured automobile has been replaced.
IRS liaison updateBy Thomas F. Arends & Richard M. ColombikFederal Taxation, June 2004As we have addressed in previous editions of the newsletter, the Federal Taxation Section Council has been active in various liaison conferences with representatives from the Internal Revenue Service. Mr. Thomas Arends and Mr. William Gasa of the Section Council currently serve as liaisons for the Section to the Internal Revenue Service.
CasesInsurance Law, January 2004Summaries of recent cases.
Cites from September 2003 issueInsurance Law, January 2004Adams ex rel. Adams v. American International Group, Inc., 339 Ill.App.3d 669, 791 N.E.2d 26, 274 Ill. Dec. 230 (1st dist. 5th div. 2003).
Words & phrases index of casesInsurance Law, January 2004Retail insurance broker lacked standing to assert a breach of contract claim against insurer.
Insurance issues in Illinois construction litigationBy Marlene A. KurillaInsurance Law, December 2003It is very common for an additional insured to tender a claim made against it to all of its potential insurers.
Alphabetical listing of casesInsurance Law, September 2003Adams ex rel. Adams v. American International Group, Inc., ___ Ill.App.3d ___, ___ N.E.2d ___, ___ Ill. Dec. ___ (1st dist. 5th div. 2003) Pre-judgment interest (1392)
CasesInsurance Law, September 2003Commonwealth Insurance Company v. Stone Container Corporation, 323 F.3d 507 (7th Cir. 2003) (1402)Stone Container Corporation had a plant in Florida for which it procured insurance coverage through Aon Risk Services, its insurance broker.
Words & phrases index of casesInsurance Law, September 2003Two-year statue of limitations applies to actions against insurance brokers.
