Section Newsletters

Articles on Insurance Law

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.
Underinsured motorist coverage: setoff Insurance Law, June 1999 Kirk 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 index 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.
Agent/broker: fiduciary duty Insurance Law, March 1999 Insured'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 cases Insurance Law, March 1999 Adco 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)
Arbitration Insurance Law, March 1999 Statutory requirement for uninsured motorist arbitration cannot be waived or stipulated away.
Cancellation: notice of Insurance Law, March 1999 Insurer must maintain proof mailing as set forth in Insurance Code in order for cancellation to be effective.
Declaratory judgment: procedure Insurance Law, March 1999 Mary 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 general Insurance Law, March 1999 A duty to defend exists if the allegations of the complaint alone raise a potential for coverage.
Duty to defend: tender Insurance Law, March 1999 General 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 member Insurance Law, March 1999 Partial abrogation of parent-child immunity does not invalidate household exclusion in automobile policy.
Exclusions: sexual assault Insurance Law, March 1999 Insurer 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 limitation Insurance Law, March 1999 Two-year statute of limitations for contribution actions governed property insurer's contribution action against liability insurer.
Late notice: in general Insurance Law, March 1999 Insured's failure to notify insurer of claim during policy period precluded coverage under claims-made legal malpractice insurance policy.
Life and disability insurance: beneficiaries Insurance Law, March 1999 Designation of beneficiary for life insurance policy held to be invalid under Federal Employees' Group Life Insurance Act because it was not signed by insured.
Life and disability insurance: exclusions Insurance Law, March 1999 Blood alcohol exclusion in husband's life insurance policies precluded coverage for widow.
Limits of liability Insurance Law, March 1999 Settlement agreement between insured and its liability insurers which addressed exhaustion of limits superceded and extinguished insured's rights under the policies.
Other insurance Insurance Law, March 1999 Property insurer entitled to contribution from liability insurer where both policies contained excess other insurance clauses.
Alphabetical listing of cases Insurance Law, January 1999 Allstate Insurance Company; Hines v.Allstate Insurance Company; John Deere Insurance Company v.
Bad faith: statutory Insurance Law, January 1999 Insurer's delay in settling uninsured motorist claim was vexatious and unreasonable under section 155 of Illinois Insurance Code.
Certificate of insurance Insurance Law, January 1999 Insured may not rely on representations in certificate.
Declaratory judgment: timing Insurance Law, January 1999 A declaratory judgment brought to determine an insurance policy's limits of liability is premature prior to a finding of liability.
Definitions: covered automobile Insurance Law, January 1999 Truck rented by employee at employer's request qualifies as a "borrowed" auto.

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