Underinsured motorist coverage: setoffInsurance Law, June 1999Kirk Roberts was seriously injured in an accident while driving a truck in the course of his employment. The driver of the other vehicle paid the limits of his insurance policy to Roberts.
Words and phrases indexInsurance Law, June 1999Owner'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.
Agent/broker: fiduciary dutyInsurance Law, March 1999Insured's failure to read and understand terms of policy is not an absolute bar to insured's right to recover against broker for breach of fiduciary duty.
Alphabetical listing of casesInsurance Law, March 1999Adco Oil Company; The Home Insurance Company of Illinois v. American Alliance Insurance Company v. IARW Insurance Company, Ltd., ___ F.3d ___ (7th Cir. 1999) FIRE INSURANCE: TIME LIMITATION (1099)
ArbitrationInsurance Law, March 1999Statutory requirement for uninsured motorist arbitration cannot be waived or stipulated away.
Cancellation: notice ofInsurance Law, March 1999Insurer must maintain proof mailing as set forth in Insurance Code in order for cancellation to be effective.
Declaratory judgment: procedureInsurance Law, March 1999Mary A. Marshall was involved in an automobile accident with Lucas D. Weller. Weller was driving a vehicle owned by Catherine S. Dillard and insured by Western States Insurance Company.
Duty to defend: in generalInsurance Law, March 1999A duty to defend exists if the allegations of the complaint alone raise a potential for coverage.
Duty to defend: tenderInsurance Law, March 1999General contractor's targeted tender to subcontractor's insurer nevertheless entitles subcontractor's insurer to contribution from general contractor's own insurer due to "other insurance" clause in subcontractor's insurer's policy.
Exclusions: family memberInsurance Law, March 1999Partial abrogation of parent-child immunity does not invalidate household exclusion in automobile policy.
Exclusions: sexual assaultInsurance Law, March 1999Insurer had no duty to defend or indemnify where allegations of complaint unambiguously established that insured participated in the physical abuse of a minor.
Fire insurance: time limitationInsurance Law, March 1999Two-year statute of limitations for contribution actions governed property insurer's contribution action against liability insurer.
Late notice: in generalInsurance Law, March 1999Insured's failure to notify insurer of claim during policy period precluded coverage under claims-made legal malpractice insurance policy.
Life and disability insurance: beneficiariesInsurance Law, March 1999Designation of beneficiary for life insurance policy held to be invalid under Federal Employees' Group Life Insurance Act because it was not signed by insured.
Limits of liabilityInsurance Law, March 1999Settlement agreement between insured and its liability insurers which addressed exhaustion of limits superceded and extinguished insured's rights under the policies.
Other insuranceInsurance Law, March 1999Property insurer entitled to contribution from liability insurer where both policies contained excess other insurance clauses.
Alphabetical listing of casesInsurance Law, January 1999Allstate Insurance Company; Hines v.Allstate Insurance Company; John Deere Insurance Company v.
Bad faith: statutoryInsurance Law, January 1999Insurer's delay in settling uninsured motorist claim was vexatious and unreasonable under section 155 of Illinois Insurance Code.
Certificate of insuranceInsurance Law, January 1999Insured may not rely on representations in certificate.
Declaratory judgment: timingInsurance Law, January 1999A declaratory judgment brought to determine an insurance policy's limits of liability is premature prior to a finding of liability.
Definitions: covered automobileInsurance Law, January 1999Truck rented by employee at employer's request qualifies as a "borrowed" auto.
Duty to defend: intentional actInsurance Law, January 1999Intent to injure cannot be inferred in cases where a minor insured sexually abuses another minor.
Duty to defend: tenderInsurance Law, January 1999Clause requiring insured to tender suit to other insurer not violative of public policy.
Exclusions: automobile businessInsurance Law, January 1999Automobile business exclusion precluded coverage under car wash customer's automobile policy for accident caused by employee of car wash.
Exclusions: employeeInsurance Law, January 1999Employee exclusion did not preclude coverage for claim against son of employee of the named insured.
Fidelity bondsInsurance Law, January 1999Bank employee's participation in check kiting scheme was "dishonest," employee had "manifest intent" to harm bank, and losses to bank did not arise out of "loans" for purposes of coverage under fidelity bond.
Fire insurance: exclusionsInsurance Law, January 1999Collapse exception to water damage exclusion did not apply to damage caused by seepage of underground water.
Fire insurance: time limitationInsurance Law, January 1999Proof loss made immediately after loss tolled one-year limitations period for additional living expenses claim until date insurer paid structural claim.