Words and phrases index of casesInsurance Law, June 2001Insured's settlement of tort case as indemnitor of property owner against wishes of its insurer violated the voluntary payments provision.
The duty to defend and indemnify in Illinois after Cincinnati and BurnsBy Nancy K. CaronInsurance Law, April 2001Over the past two years, two landmark decisions of the Illinois Supreme court have radically changed the duties of an insurance carrier to defend and the carrier's ability to recoup some or all of the defense and indemnity costs from any other carrier which also provided coverage to the insured for the loss.
The section 155 remedyBy James T. NyesteInsurance Law, April 2001Section 155 of the Illinois Insurance Code (215 ILCS 5/155) creates an extracontractual remedy for "vexatious and unreasonable" conduct by insurers, providing:
Alphabetical listing of casesInsurance Law, November 2000American Family Mutual Insurance Company v. Martin, 312 Ill.App.3d 829, 728 N.E.2d 115, 245 Ill. Dec. 384 (2nd dist. 2000) Underinsured motorist coverage: stacking(2016)
CasesInsurance Law, November 2000Wallace v. Woolfolk, 312 Ill.App.3d 1178, 728 N.E.2d 816, 246 Ill. Dec. 734 (5th dist. 2000) (2010)Gallant Insurance Company (Gallant) issued an automobile policy to Wenona Woolfolk. Marla Wallace sustained injuries when she was involved in a car accident as a passenger with Woolfolk.
Words & phrases index of casesInsurance Law, November 2000Insurer did not satisfy its duty to seek its insured's cooperation, precluding it from asserting defense of noncooperation.
Alphabetical listing of casesInsurance Law, August 2000Allstate Insurance Company v. Davenport, 309 Ill.App.3d 261, 723 N.E.2d 768, 242 Ill. Dec. 791 (1st dist. 2nd div. 1999) LIFE AND DISABILITY INSURANCE: TOTAL DISABILITY (1182)
CasesInsurance Law, August 2000The plaintiff, Gwendolyn Buckner, obtained a judgment in the sum of $15,660.95 against the defendant Wayne Causey in the trial of a personal injury action. Buckner then commenced a garnishment proceeding against Causey's insurer, Warrior Insurance Group, also known as Gallant Insurance Company, formerly doing business as Allied America Insurance Company (referred to as Gallant/ Warrior).
CasesInsurance Law, April 2000Cincinnati Insurance Company ("Cincinnati") sold a directors and officers liability policy to Citizens Bank (the "Bank") covering breaches of fiduciary duty in the rural bank's trust department.
Words and phrases index of casesInsurance Law, April 2000Attorney fees not warranted because insurer's reasons for denying coverage were not baseless.
Advertising injury liability insuranceInsurance Law, December 1999MITA Enterprises filed a suit charging two of its former sales representatives with taking copies of customer lists and using them to solicit business for Wisconsin Wholesale Tire.
Declaratory judgment: timingInsurance Law, December 1999After insured was found guilty of murder, administrator of victims' estate sued insured for wrongfully causing the death.
Duty to defend: conflict of interestInsurance Law, December 1999Louis Hankins d/b/a Louie's Cartage Company (Hankins), brought suit against its insurer, Pekin Insurance Company, seeking a declaration of coverage. Hankins, a trucking terminal, sought coverage for claims for contribution, indemnification and breach of contract to procure insurance brought by Rudolf Express Company (Rudolf), a motor freight carrier.
Duty to defend: estoppelInsurance Law, December 1999State Farm's insured, Gregory Martin, was found guilty in a criminal proceeding for his involvement in setting fire to a building which he owned.
Duty to defend: intentional actInsurance Law, December 1999Harold A. Abrams and Ron D. Abrams (Abrams) were sued by State Farm Mutual Automobile Insurance Company (State Farm Auto) for allegedly being involved in a scheme to make fraudulent insurance claims.
Health insurance: in generalInsurance Law, December 1999Cut N' Dried Salon, Belleride and Brewer filed a petition with the Illinois Department of Human Rights charging that, in 1991, National Group Life discriminated against them by denying the application of Brewer, an employee of Cut 'N Dried, for health insurance coverage.
Jurisdiction: forum selection clauseInsurance Law, December 1999Yamada Corporation v. Yasuda Fire and Marine Insurance Company, Ltd., ___ Ill.App.3d ___, 712 N.E.2d 926, ___ Ill. Dec. ___ (2nd dist. 1999) (1146) Yamada manufactured an air-operated diaphragm pump, which was purchased by CWC Fluids, Inc.
Personal injury liability coverageInsurance Law, December 1999The insured, A & A Market, Inc. ("A & A"), filed suit against its insurer, Pekin Insurance Company ("Pekin"), alleging breach of contract due to Pekin's refusal to pay a property insurance claim brought under a business owner's policy of insurance.
Underinsured motorist coverage: definitions: non-owned autoInsurance Law, December 1999Tammy Benson, an employee of Corvette Clinic, Inc., was involved in an accident while performing an errand for Corvette in a vehicle owned by her mother.
Words and phrases indexInsurance Law, December 1999Insured's alleged misappropriation of customer list was not advertising injury.
Alphabetical listing of casesInsurance Law, October 1999In Re Liquidation of InterAmerican Insurance Company of Illinois
Cites from June 1999 issueInsurance Law, October 1999American Family Mutual Insurance Company v. Hinde, 302 Ill.App.3d 227, 705 N.E.2d 956, 235 Ill. Dec. 773 (2nd dist. 1999)
Claims-made policyInsurance Law, October 1999The 1991, Aetna issued a claims made pension and welfare fund fiduciary responsibility insurance policy to the Allsteel Retirement Income Plan with a policy period of December 31, 1991 to December 31, 1992.
Duty to defend: additional insuredInsurance Law, October 1999Alcan United, Inc. (Alcan) entered into a subcontract agreement with Gateway Concrete Forming Systems, Inc. (Gateway), whereby Gateway was to perform subcontracting work for Alcan.
Duty to defend: estoppelInsurance Law, October 1999Edward Hines Lumber Company operated lumber treatment facilities at sites in Arkansas and Wyoming. In March of 1982, the United States Environmental Protection Agency ("EPA") wrote Hines a letter, advising Hines that it may be a potentially responsible party ("PRP") in connection with contamination at the Arkansas site
Duty to defend: in generalInsurance Law, October 1999Fred Grossman filed suit against Berg Ladders, Inc. in connection with injuries sustained in a fall from a ladder manufactured by Berg.
Duty to defend: suitInsurance Law, October 1999A complaint filed by the EPA pursuant to CERCLA constitutes a "suit."