A look at theories under which courts have required insurers to cover alleged Telephone Consumer Protection Act violations and the evolving legacy of those cases in coverage law and beyond.
Illinois courts seem increasingly willing to look beyond the terms of the policy and allegations of the complaint when deciding whether a liability insurer has a duty to defend its insured.
"Targeted tender" allows an insured with multiple policies covering the same risk to choose which insurers must defend first. But recent decisions have limited the scope of the doctrine.
Insurance policies don't indemnify insureds who cause intentional or expected harm. But what is and isn't "intentional" or "expected"? The cases offer some clues.