Insurance Law

Byer Clinic and Chiropractic, LTD. v. State Farm Fire and Casualty Company

Byer Clinic and Chiropractic, LTD. v. State Farm Fire and Casualty Company
Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2013 IL App (1st) 113038
Decision Date: 
Tuesday, March 12, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HARRIS
Court properly dismissed, per Section 2-619, clinic's declaratory judgment action against its insurer, finding that no justiciable controversy as to chiropractor named in underlying class action suit. Coverage issue raised by complaint was not ripe for adjudication, as insurer was presently defending chiropractor under reservation of rights and it had not filed declaratory judgment action contesting that defense. (QUINN and CONNORS, concurring.)

O'Connor v. Country Mutual Insurance Company

O'Connor v. Country Mutual Insurance Company
Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2013 IL App (3d) 110870
Decision Date: 
Tuesday, March 5, 2013
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Affirmed.
Justice: 
O'BRIEN
Court properly entered judgment for insurer, finding that Plaintiff insured had failed to prove that insurer engaged in unreasonable and vexatious conduct in its settlement of her underinsured motorist insurance claim. That arbitration panel awarded sum more than twice the amount of insurer's offer does not in itself establish that insurer acted unreasonably or vexatiously, or violated Section 154.6(e) of Insurance Code. No bright-line rule exists to prevent shielding documents with attorney-client privilege in Section 155 action. (WRIGHT and CARTER, concurring.)

The Village of Crestwood v. Ironshore Specialty Insurance Company

The Village of Crestwood v. Ironshore Specialty Insurance Company
Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2013 IL App (1st) 120112
Decision Date: 
Friday, February 22, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
McBRIDE
(Court opinion corrected 3/15/13.) Village and its mayor filed declaratory judgment action as to whether three excess public entity general liability insurers owed duties to defend or indemnify against suits that Village knowingly and routinely mixed polluted water into municipal tap water supply to cut municipal expenses. Court properly held that underlying claims fell within absolute pollution exclusion clauses in all insurance contracts. The exclusion itself contains no indication that it is limited to clean-up costs imposed by environmental laws such as CERCLA; exclusion is unqualified and absolute and entirely precludes coverage for bodily injuries or property damage from discharge of pollutants, which is alleged in underlying complaint. (EPSTEIN and PALMER, concurring.)

House Bill 2617

Topic: 
Health Care Services Lien Act
(Tracy, R-Quincy) requires that notice be provided to a lien holder by an injured person or authorized representative when a case is dismissed or a judgment is entered against the injured person in the same manner as a notice of a judgment, award, settlement, or compromise is already provided.
View Full Text of Legislation

Senate 1898

Topic: 
Required liability coverage for drivers
(Biss, D-Skokie) increases the required minimum liability insurance policies for drivers as follows: bodily injury or death to any one person from $20,000 to $50,000; bodily injury or death to more than one person from $40,000 to $100,000; and injury or destruction of property of others from $15,000 to $40,000. Scheduled for hearing this Tuesday in Senate Transportation Committee.
View Full Text of Legislation

Senate Bill 1636

Topic: 
UM arbitration
(Mulroe, D-Chicago) makes arbitration binding in UM cases regardless of the amount that is awarded. Under current law, UM arbitration is not binding if an award is made more than $50,000 for one person’s injuries or $100,000 for two or more person’s injuries. Scheduled for hearing this Tuesday in Senate Insurance Committee.
View Full Text of Legislation

Alshwaiyat v. American Service Insurance Company

Alshwaiyat v. American Service Insurance Company
Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2013 IL App (1st) 123222
Decision Date: 
Tuesday, February 19, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Reversed.
Justice: 
ROCHFORD
Plaintiff filed declaratory judgment action, seeking determination that auto insurance policy issued to Plaintiff's employer, a taxi company, provided underinsured motorist coverage for auto accident involving Plaintiff, who was driving taxi, and his deceased wife, a passenger. Language of Section 143a-2 of Insurance Code was modified to reflect a change from a requirement to offer matching UM and UIM coverage to a requirement to provide such coverage. Endorsement insurer which raised liability limits of original policy was issued during term of original policy and was thus a part of original policy, and thus was not a separate insurance policy. Insurer was not required to provide any greater UM or UIM coverage than minimum amounts contained in original policy. (CUNNINGHAM and DELORT, concurring.)

Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. American Motorists Ins. Co

Federal 7th Circuit Court
Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. American Motorists Ins. Co
Civil Court
Indemnity
Citation
Case Number: 
Nos. 11-2500 & 11-2533 Cons.
Decision Date: 
February 13, 2013
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
In action by plaintiff-insurance company seeking indemnity from defendant-insurance company for plaintiff-insured’s pay-out of $8.7 million settlement obtained from motorists injured in construction accident, Dist. Ct. did not err in finding that all settling entities, whether insured by defendant or not, should be deemed to have contributed equally to settlement figure where: (1) settlement agreement failed to apportion liability among settling entities; and (2) plaintiff failed to depose lawyers in underlying tort action to find out how they believed presence of several entities contributed to size of settlement. Thus, plaintiff could seek indemnity only for amounts attributable to defendant’s insureds.

SJRCA 7

Topic: 
Eligibility of judges in Cook County
(Cunningham, D-Chicago) requires a judge to have actively practiced law in Illinois for at least ten years before he or she can be elected or appointed an associate or circuit judge in Cook County. To be eligible for either office, a potential judge must have been certified as qualified to be a Judge or Associate Judge by at least five members of the Attorney Registration and Disciplinary Commission. Before a lawyer may run for nomination, election, or retention for any judgeship at any level in Cook County, the prior approval of the ARDC members is required. Retention of a judge will require a two-thirds vote (currently three-fifths). This retention change appears to affect all Illinois judges. Effective upon adoption and applies only to persons seeking election or appointment as a Judge or Associate Judge after the adoption of the Amendment. Just introduced.
View Full Text of Legislation

American Zurich Insurance Company v. Wilcox and Christopoulos, L.L.C.

American Zurich Insurance Company v. Wilcox and Christopoulos, L.L.C.
Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2013 IL App (1st) 120402
Decision Date: 
Thursday, January 17, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Holding: 
Reversed.
Justice: 
FITZGERALD SMITH
(Court opinion corrected 1/24/13.) Insurer filed declaratory judgment action as to its duty to defend law firm and attorney sued for civil conspiracy to open and operate a restaurant/lounge by illegal means. Policy exclusion for conduct occurring when insured is acting for benefit of a business in which he has a controlling interest applies, so that insurer has no duty to defend law firm or attorney, who was listed as an attorney in firm on day policy was incepted. (LAVIN and EPSTEIN, concurring.)