2025 Articles

Case Summary: ISMIE Mutual Ins. Co. v. Pergament By James Nyeste September 2025 ISMIE Mut. Ins. Co. v. Pergament highlights the harsh reality that may occur in an assignment of rights settlement when the insurer continued to defend its insured under a reservation of rights and the insured had not incurred any liability in the lawsuit at the time of settlement.

E-Clips Summaries May 2025 Summaries of written case decisions of interest to insurance law practitioners that were issued from February 1, 2025, to April 30, 2025.

E-Clips Summaries February 2025 Summaries of written case decisions of interest to insurance law practitioners that were issued from November 1, 2024, to January 31, 2025.

E-Clips Summaries: May 1, 2025 to August 31, 2025 September 2025 Selected cases from IBSA's E-Clips that directly impact insurance law.

Featured Case May 2025 The First District Appellate Court decision in Chicago Restaurant Management Group, LLC v. Great American Ins. Co. involves the issue of whether two claims arose from “related wrongful acts” so as to bar coverage for the second claim because the D&O insurer had not been given notice of the earlier claim.

Featured Case February 2025 A look at Menard, Inc. v. Illinois Farmers Ins. Co., a case of interest to insurance law practitioners, from the Third District of the Illinois Appellate Court.

From the Editor By James Nyeste September 2025 A note from the Editor of The Policy, the ISBA Insurance Section Council newsletter.

From the Editor By James T. Nyeste May 2025 An introduction to the issue from the editor.

From the Editor By James T. Nyeste February 2025 An introduction to the issue from the editor.

Illinois Supreme Court To Decide Question Concerning Standard Pollution Exclusion By James Nyeste September 2025 A look at Griffith Foods Int’l Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA and its potential impact on the standard pollution exclusion in commerical general liability policies as the case heads to the Illinois Supreme Court.

LAWPAC Needs You! February 2025 The Illinois Lawyers’ Political Action Committee (LAWPAC) needs your help to fulfill its mission to support the legislative goals of the ISBA and Illinois’ legal community.

New Illinois Health Insurance Legislation February 2025 Summaries of legislation of interest to insurance law practitioners.

New Legislation By James Nyeste September 2025 Effective January 1, 2026, life insurance companies issuing final expense policies will not be permitted to discriminate against potential insureds with felony convictions.

Understanding the Illinois DOI’s External Review Process: A Guide for Attorneys By Jennifer M. Danish February 2025 A guide for Illinois attorneys on navigating the IDOI External Review Process, emphasizing research, insurer criteria, and medical evidence to contest health coverage denials effectively.

When Is Insurance Not “Other Insurance”? By David E. Schroeder May 2025 A typical “other insurance” provision in a general liability policy might state that “any coverage hereunder will be excess over any other valid and collectible insurance available to the additional insured, whether primary, excess, contingent, or on any other basis.” Note that this provision only comes into play if another party has “other valid and collectible insurance.” This article examines situations where what appears to be an insurance policy or insurance coverage has been found not to be “other valid and collectible insurance” for the purposes of “other insurance” clause analysis.