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The Policy
The newsletter of the ISBA’s Section on Insurance Law

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Newsletter Articles From 1999

Late notice: in general 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 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 March 1999 Blood alcohol exclusion in husband's life insurance policies precluded coverage for widow.
Life insurance - beneficiaries 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.
Limits of liability October 1999 Prudential issued an automobile liability insurance policy with liability limits of $100,000 per person and $300,000 per accident.
Limits of liability March 1999 Settlement agreement between insured and its liability insurers which addressed exhaustion of limits superceded and extinguished insured's rights under the policies.
Mandatory insurance 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 March 1999 Property insurer entitled to contribution from liability insurer where both policies contained excess other insurance clauses.
Other insurance January 1999 Umbrella policy is excess over primary CGL policy containing excess "other insurance" clause.
Permissive user: in general October 1999 Insured effectively revoked permission for use of vehicle by permissive user by expressly prohibiting additional driving of the vehicle.
Permissive user: subsequent permittee January 1999 Permission given by insured corporation to its employee for purposes of renting truck extended to son of employee.
Personal injury liability coverage December 1999 The insured, A & A Market, Inc. ("A & A"), filed suit against its insurer, Pekin Insurance Company ("Pekin"), alleging breach of contract due to Pekin's refusal to pay a property insurance claim brought under a business owner's policy of insurance.
Policy: ambiguity June 1999 The plaintiff, Stone Container Corporation, is a large manufacturer of pulp, paper and paper products which it makes in huge steel tanks called "pulp digesters."
Prejudgment interest January 1999 Umbrella insurer entitled to prejudgment interest from primary CGL insurer on amount it contributed to settlement of underlying action.
Reinsurance October 1999 Reinsurer did not waive right to arbitrate contract defenses by litigating non-arbitrable issue of whether contracts were executory.
Statute of limitations: general January 1999 Two-year statute of limitations does not apply to section 155 of the Illinois Insurance Code.
Subrogation: against own insured January 1999 Insurance carrier that pays a claim under one policy may subrogate against party it insures under separate policy.
Subrogation: medical expenses January 1999 An insurer's subrogation rights are limited to the portion of the settlement relating to accident-based medical expenses.
Underinsured motorist coverage: definitions: hit and run October 1999 Insured not required to make reasonable efforts to ascertain identity of hit-and-run driver in order to recover uninsured motorist benefits.
Underinsured motorist coverage: definitions: Insured October 1999 Pekin Insurance Company (Pekin) issued an automobile policy to two partners doing business as Freedom Heating.
Underinsured motorist coverage: definitions: non-owned auto December 1999 Tammy Benson, an employee of Corvette Clinic, Inc., was involved in an accident while performing an errand for Corvette in a vehicle owned by her mother.
Underinsured motorist coverage: exhaustion clause June 1999 John Hinde was injured in an accident when he was struck by a vehicle operated by Timothy Estrada.
Underinsured motorist coverage: setoff June 1999 Kirk Roberts was seriously injured in an accident while driving a truck in the course of his employment. The driver of the other vehicle paid the limits of his insurance policy to Roberts.
Underinsured motorist coverage: stacking October 1999 Stacking of UIM coverage was allowed due to ambiguity of policy's antistacking provision.
Underinsured motorists coverage: stacking 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.
Words and phrases index December 1999 Insured's alleged misappropriation of customer list was not advertising injury.
Words and phrases index October 1999 Transmission of complaint to insurer did not furnish sufficient written notice of potential claim under policy's extension clause for three unrelated complaints filed after coverage terminated.
Words and phrases index June 1999 Owner's and general contractor's failure to tender defenses to their own liability insurers was not breach of cooperation clause under subcontractor's CGL policy naming them additional insureds.
Words and phrases index January 1999 Insurer's delay in settling uninsured motorist claim was vexatious and unreasonable under section 155 of Illinois Insurance Code.