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Articles on Insurance Law

Alphabetical listing of cases Insurance Law, October 1999 In Re Liquidation of InterAmerican Insurance Company of Illinois
Cites from June 1999 issue Insurance Law, October 1999 American 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 policy Insurance Law, October 1999 The 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.
Definitions: arising out of the ownership, maintenance or use Insurance Law, October 1999 Steven Pfiel stabbed Hillary Norskog to death in a forest preserve while both were seated in his mother's automobile.
Duty to defend: additional insured Insurance Law, October 1999 Alcan 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: estoppel Insurance Law, October 1999 Edward 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 general Insurance Law, October 1999 Fred Grossman filed suit against Berg Ladders, Inc. in connection with injuries sustained in a fall from a ladder manufactured by Berg.
Duty to defend: suit Insurance Law, October 1999 A complaint filed by the EPA pursuant to CERCLA constitutes a "suit."
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.

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