Unusual among American jurisdictions, Illinois courts recognize a privilege for statements an insured gives to its insurer, even without an attorney present. But this privilege is not absolute.
There are exceptions to the rule against admissibility of subsequent remedial measures besides proving ownership or control, showing feasibility of alternative design, or to impeach.
Do indemnity agreements typically require payment of the indemnified party's attorney fees? Can a party cap the amount of its liability, or is doing so against public policy? Here's a look at some of the key questions that arise in indemnity contracts.
Illinois cases have declined to require an insurer to pay for independent counsel merely because the plaintiff demanded more than the insurance limits. But several recent federal cases have.
