Section Newsletters

Articles on Insurance Law

Duty to defend: tender Insurance Law, October 1999 On December 1, 1991, Tony Savage asked his friend of twenty-five years, Mamie Barnett, to watch his liquor store for him while he ran an errand. Barnett agreed, but while she was at the store, an intruder attacked and injured her. Eight days after the attack, Guild Insurance Agency sent a loss notice to Savage's insurer, Illinois Founders Insurance Company, informing it of the incident.
Excess insurance: in general Insurance Law, October 1999 Alan Little sustained fatal injuries while at work at an iron-making facility in Granite City, Illinois when he was run over by a dump truck owned and operated by St. Louis Slag Products Company.
Exclusions: employee Insurance Law, October 1999 Uncompensated friend of insured not employee for purposes of employee injury exclusion.
Health insurance: in general Insurance Law, October 1999 Medical insurer's policy caps for care of AIDS or AIDS-related conditions did not violate Americans with Disabilities Act provision prohibiting discrimination in public accommodations.
Limits of liability Insurance Law, October 1999 Prudential issued an automobile liability insurance policy with liability limits of $100,000 per person and $300,000 per accident.
Permissive user: in general Insurance Law, October 1999 Insured effectively revoked permission for use of vehicle by permissive user by expressly prohibiting additional driving of the vehicle.
Reinsurance Insurance Law, October 1999 Reinsurer did not waive right to arbitrate contract defenses by litigating non-arbitrable issue of whether contracts were executory.
Underinsured motorist coverage: definitions: hit and run Insurance Law, October 1999 Insured not required to make reasonable efforts to ascertain identity of hit-and-run driver in order to recover uninsured motorist benefits.
Underinsured motorist coverage: definitions: Insured Insurance Law, October 1999 Pekin Insurance Company (Pekin) issued an automobile policy to two partners doing business as Freedom Heating.
Underinsured motorist coverage: stacking Insurance Law, October 1999 Stacking of UIM coverage was allowed due to ambiguity of policy's antistacking provision.
Words and phrases index Insurance Law, October 1999 Transmission of complaint to insurer did not furnish sufficient written notice of potential claim under policy's extension clause for three unrelated complaints filed after coverage terminated.
1998 Index Insurance Law, June 1999 This 1998 Index of The Policy is A SUPPLMENT to the previously published Twelve-Year Index.
Alphabetical listing of cases Insurance Law, June 1999 Allstate Insurance Company v. Mathis, 302 Ill.App.3d 1027, 706 N.E.2d 893, 236 Ill. Dec. 19 (3rd dist. 1999) EXCLUSIONS: BUSINESS ACTIVITIES (1124)
Assistance and cooperation Insurance Law, June 1999 Owner's and general contractor's failure to tender defenses to their own liability insurers was not breach of cooperation clause under subcontractor's CGL policy naming them additional insureds.
Cites from March 1999 issue Insurance Law, June 1999 American Alliance Insurance Company v. IARW Insurance Company, Ltd., 165 F.3d 558 (7th Cir. 1999)
Collateral estoppel Insurance Law, June 1999 Insurer that defended insured in underlying action without reservation of rights was collaterally estopped from relitigating issue of insured's liability in subsequent arbitration.
Declaratory judgment: timing Insurance Law, June 1999 Duty of indemnification ripe for consideration only when insured has incurred liability in underlying claim.
Definitions: arising out of the ownership, maintenance or use Insurance Law, June 1999 "Resulting from" is synonymous with the phrases "arising out of," "connected with," "originating from," "growing out of," and "flowing from," and is broadly construed.
Duty to defend: additional insured Insurance Law, June 1999 Injury to employee of subcontractor arose out of subcontractor's work as a matter of law.
Duty to defend: conflict of interest Insurance Law, June 1999 Insurer could no longer control the insured's legal representation once insured and insurer became antagonists because of insured's bad faith claim against insurer.
Duty to defend: estoppel Insurance Law, June 1999 Co-insurer waived right to contest reasonableness of settlement by refusing to settle or try the case, or challenge reasonableness of settlement amount.
Duty to defend: tender Insurance Law, June 1999 Owner's and general contractor's sole tender to subcontractor's insurer as additional insureds foreclosed insurer's action for equitable contribution.
Duty to defend: trigger of coverage Insurance Law, June 1999 Parent's claim of injury from sexual assault of their children occurred at time of assault, even if source of injury was unknown.
Exclusions: business activities Insurance Law, June 1999 Day care service provided by insured to friend's children held to be excluded "business activity" under renter's liability policy.
Exclusions: named insured’s work Insurance Law, June 1999 Coverage excluded under CGL policy for property damage to swimming pool arising out of insured's painting and maintenance work on pool.
Health insurance: applications Insurance Law, June 1999 Health insurer had no duty to investigate truthfulness of answers to questions on applications.
Health insurance: exclusions Insurance Law, June 1999 Plaintiff, Kimberly Graham, was diagnosed with breast cancer in October of 1995. She underwent a modified radical mastectomy and sought preventive care to avoid recurrence of the cancer.
Health insurance: misrepresentations Insurance Law, June 1999 Recent amendment to section 154 of Insurance Code eliminating requirement that application must be attached to policy in order for insurer to rely on a misrepresentation does not apply retroactively.
Policy: ambiguity Insurance Law, June 1999 The plaintiff, Stone Container Corporation, is a large manufacturer of pulp, paper and paper products which it makes in huge steel tanks called "pulp digesters."
Underinsured motorist coverage: exhaustion clause Insurance Law, June 1999 John Hinde was injured in an accident when he was struck by a vehicle operated by Timothy Estrada.

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