Insurance Law

House Bill 96

Topic: 
Respondents in Discovery
(Thapedi, D-Chicago) makes two changes to the respondents in discovery statute. (1) It adds language providing that discovery may include a request for admission of facts or of genuineness of documents. (2) Changes the standard for converting respondents to defendants from “if the evidence discloses the existence of probable cause for such action” to “if a preponderance of the evidence discloses cause for such action.” Introduced and assigned to House Rules Committee

Senate Bill 45

Topic: 
Uniform Interstate Depositions and Discovery Act
(Barickman, R-Bloomington) provides procedures for the issuance of a subpoena to require deposition testimony or discovery production in this State for litigation pending in a foreign jurisdiction. Provides that Illinois Supreme Court rules and the Section of the Code of Civil Procedure concerning subpoenas apply to subpoenas issued under the new provisions. Introduced and assigned to the Senate Committee on Assignments.

Illinois Tool Works Inc. v. Travelers Casualty and Surety Company

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2015 IL App (1st) 132350
Decision Date: 
Tuesday, January 13, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
SIMON
Defendants, the former insurers of Plaintiffs, which issued 10 policies to Plaintiffs, have a duty to defend Plaintiffs in multiple toxic tort cases brought by persons claiming injury from exposure to harmful materials while doing welding and other activities, and should bear entire cost. Duty to defend, known as litigation insurance, insures against being wrongly sued. Insurers must provide a defense for all cases where bare underlying allegations, if proved, would render insured individually liable. Duty to defend is joint and several. If insured is alleged to be liable solely as a successor, there is no duty to defend. (NEVILLE and PIERCE, concurring.)

Illinois State Bar Association Mutual Insurance Company v. Brooks

Illinois Appellate Court
Criminal Court
Insurance
Citation
Case Number: 
2014 IL App (1st) 132608
Decision Date: 
Tuesday, December 23, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed.
Justice: 
NEVILLE
Misrepresentation in initial application for professional liability insurance does not justify rescission of renewal of policy, where insured made no misrepresentation in application for renewal and neither new policy nor application for renewal incorporated initial application for insurance. Client makes a claim against an attorney when client requests relief from attorney for alleged errors or misconduct. (PIERCE and LIU, concurring.)

Continental Casualty Company v. Midstates Reinsurance Corporation

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2014 IL App (1st) 133090
Decision Date: 
Tuesday, December 16, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
SIMON
(Court opinion corrected 12/23/14.) Insurer filed declaratory judgment action, seeking declaration of rights and obligations under multiple facultative reinsurance contracts it issued to Defendant reinsurance company. Court properly granted Defendant's motion for judgment on the pleadings, as certificates were not ambiguous and provide for aggregate policy limit that includes both losses and expenses assumed by Defendant.(NEVILLE and LIU, concurring.)

Public Act 98-1132

Topic: 
Jury size and pay
(Burke, D-Evergreen Park; Mulroe, D-Chicago) makes the following changes for juror pay: (1) Requires counties to pay jurors $25 for the first day of service and thereafter $50 for each day of service. (2) Deletes the current requirement to pay for jurors’ travel expenses. (3) Requires all trials by jury in civil cases to be six jurors but still requires that the verdict be unanimous. If alternate jurors are requested, an additional fee established by the county must be charged for each alternate juror requested. Effective date is June 1, 2015.

Allstate Indemnity Company v. Hieber

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2014 IL App (1st) 132557
Decision Date: 
Wednesday, December 17, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
MASON
Court properly granted summary judgment for insurer, holding that insurer is not required to defend or indemnify insured homeowners for son’s accidental shooting death of friend when waving loaded gun around a group of friends who had been drinking and using drugs all day. Son elected to go to trial on involuntary manslaughter charge, for which he was convicted, and his conviction was a final determination on merits. State of mind necessary to conviction is implicated by policy exclusion for criminal acts.(PUCINSKI, concurring; HYMAN, dissenting.)

American Service Insurance Company v. Iousoupov

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2014 IL App (1st) 133771
Decision Date: 
Friday, December 12, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON
Insurer issued commercial auto insurance policy to taxi company for which Defendant was a driver. Defendant driver was injured in collision with underinsured driver, but insurer denied claim, stating that limits of driver's liability insurance policy were greater than limits of insurer's underinsured motorist coverage. Court properly entered summary judgment for insurer, as insurer's election form was not ambiguous, and taxi company had knowingly elected to reject higher coverage limits, and chose minimum limits of UM and UIM coverage. (PALMER and McBRIDE, concurring.)

Nelson v. Enterprise Leasing Co. of Chicago

Illinois Supreme Court PLAs
Civil Court
Insurance
Citation
PLA issue Date: 
November 26, 2014
Docket Number: 
No. 118058
District: 
1st Dist.
In garnishment action against defendant-car rental company seeking turnover of $600,000 to compensate plaintiff for personal injuries in underlying action against driver of defendant’s rental vehicle, where plaintiff had obtained default judgment against said driver, trial court granted plaintiff’s garnishment petition, but limited turnover amount to $25,000 based upon defendant’s claim that, as self-insured rental car company, its total liability was limited to $100,000, and that it had already paid $75,000 to two other individuals involved in same accident. Appellate Court, in finding that defendant was responsible for entire $600,000 default judgment, held that although defendant could have limited its obligation to statutory minimum coverage had it purchased liability insurance policy containing said minimum coverage, its choice to become self-insured meant that it was responsible for entire amount of default judgment.

Margulis v. BCS Insurance Company

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2014 IL App (1st) 140286
Decision Date: 
Wednesday, November 26, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
EPSTEIN
Plaintiff filed class action petition in Missouri against insurance agent/broker that had transmitted unsolicited, automated phone calls advertising its services. Settlement in Missouri for $4.999 million, with judgment to be satisfied exclusively from proceeds of insurance policies and claims against agent/broker's insurer. Plaintiff then filed declaratory judgment action in Cook County against insurer. As automated phone calls were not negligent acts, errors or omissions arising out of conduct of agent/broker's business in "rendering services for others" as a licensed agent/broker under its professional liability insurance policy. Thus, insurer had no duty to defend or indemnify, as terms of policy clearly preclude possibility of coverage. (HOWSE and TAYLOR, concurring.)