The ALTA 2006 title insurance policies and the issuance of survey coverageBy Richard F. BalesReal Estate Law, December 2006The purpose of this article is three-fold: (1), to set forth the survey-related changes to these new policies; (2), to suggest one method of addressing these changes; and (3), to provide a basis by which Illinois title companies can decide how to issue survey coverage under these title policies.
Appellate Court rules insurance exclusions ambiguousBy Raymond A. FylstraCorporate Law Departments, September 2006In Pekin Insurance Company v. Miller, No. 1-05-4086 (1st Dist. Aug. 8, 2006), a case of first impression in Illinois, the First District Appellate Court has held that exclusions j(5) and j(6) in the standard Comprehensive General Liability (CGL) insurance policy are ambiguous.
Case names and holdingsInsurance Law, September 2006Holding: Court order establishing a battery conviction against the insured, in and of itself, did not collaterally estop insured and victim from arguing that cut was negligently inflicted.
Case summariesInsurance Law, September 2006Holding: Court order establishing a battery conviction against the insured, in and of itself, did not collaterally estop insured and victim from arguing that cut was negligently inflicted.
Insurance law updateBy Robert H. HanafordInsurance Law, September 2006Recent cases of interest to insurance law practitioners.
Alphabetical listing of cases and holdingsInsurance Law, May 2006Founders Insurance Company v. Contreras, 2005 WL 3481345 (1st Dist. 2005), holding that an insurer had no duty to defend or indemnify non-permissive, unauthorized driver in personal injury automobile accident.
CasesInsurance Law, May 2006Holding: Insurer had no duty to defend or indemnify non-permissive, unauthorized driver in personal injury automobile accident.
Recent developments in insurance lawInsurance Law, May 2006Recently, the Third District Appellate Court in Illinois Farmers Insurance Company v. Kure,---N.E.2d---,26 WL 864, 368 (Ill.App.3Dist.2006) held there was a duty to defend on part of the insurer for parents of a tortfeasor under their homeowner’s liability insurance policy even though there was no separate bodily injury claimed by Plaintiff which result from the alleged negligent conduct of the parents.
CasesInsurance Law, February 2006Standard Mutual Insurance Company v. Mudron, 358 Ill.App.3d 535, 295 Ill.Dec. 118 (Ill.App. 3 Dist., 2005)
Recent developments in insurance lawBy Laura KotelmanInsurance Law, February 2006On August 18, 2005, the Illinois Supreme Court issued a long-awaited opinion in Avery v. State Farm Mutual Automobile Insurance Co., No. 91494, 2005 WL 1981444 (Ill., Aug. 18, 2005).
CasesInsurance Law, January 2006Summaries of recent cases.
Criminal acts exclusion in auto gap insurance policy applies to driving under the influenceBy Michael J. MarovichCivil Practice and Procedure, January 2006In Bohner v. Ace American Insurance Company, 359 Ill. App. 3d 621, 834 N.E.2d 635 (2nd Dist. 2005), the Second District Illinois Appellate Court held that the criminal acts exclusion in an automobile gap insurance policy applies in a driving-under-the-influence case.
Insurance companies beware: Documents normally privileged may be discoverableBy D.J. EvansCivil Practice and Procedure, November 2005The Fourth District Appellate Court’s decision in Western States Insurance Co. v. O’Hara places greater responsibility on insurance companies to deal fully and fairly with their insureds and third parties in response to discovery requests.
Alphabetical listing of cases and holdingsInsurance Law, September 2005American Family Insurance Group v. Felicia Cleveland, 356 Ill.App.3d 945, 292 Ill.Dec. 961 (Ill.App. 4 Dist., 2005).
CasesInsurance Law, September 2005Holding: Right of subrogation within the policy was enforceable against injured passenger in insured's vehicle.
Recent developments in insurance lawInsurance Law, September 2005The United States Court of Appeals for the Ninth Circuit was recently faced with a question of first impression.
Alphabetical listing of cases and holdingsInsurance Law, June 2005llinois State Bar Association v. Coregis Insurance Company, 355 Ill.App.3d 156, 821 N.E.2d 706, 290 Ill.Dec. 394 (1 Dist., 2004); Misrepresentation: A material misrepresentation in an insurance application renders the policy voidable not void ab initio.
CasesInsurance Law, June 2005HOLDING: Misrepresentation: A material misrepresentation in an insurance application renders the policy voidable not void ab initio.
Alphabetical listing of cases and holdingsInsurance Law, May 2005AAA Disposal Systems, Inc. v. Aetna Cas. and Sur. Co., 355 Ill.App.3d 275, 821 N.E.2d 1278, 290 Ill.Dec. 704 (Ill.App. 2 Dist., 2005); An insured must reasonably comply with the notice of occurrence and notice of claim provisions contained in an insurance policy.
CasesInsurance Law, May 2005An alphabetical listing of recent cases.
Alphabetical listing of casesInsurance Law, December 2004Mitchell v. State Farm Fire and Casualty Company, 343 Ill.App.3d 281, 796 N.E.2d 617, 277 Ill. Dec. 531 (4th div. 2004) SUIT LIMITATION PERIOD (1434).
CasesInsurance Law, December 2004Recent cases of interest.
Governor Rod Blagojevich signed Senate Bill 2238 into law on July 16, 2004By Laura KotelmanInsurance Law, December 2004First, in provisions pertaining to the limits of liability for an insurer providing underinsured motorist coverage, it deletes the sentence that provides that the maximum amount payable by the underinsured motorist coverage carrier shall not exceed the amount by which the limits of the underinsured motorist coverage exceeds the limits of the bodily injury liability insurance of the owner or operator of the underinsured motor vehicle.
Alphabetical listing of casesInsurance Law, November 2004Alberto-Culver Company v. Aon Corporation, 351 Ill.App.3d 123, 812 N.E.2d 369, 285 Ill. Dec. 549 (1st dist. 4th div. 2004) EXCLUSIONS: COMMERCIAL ACTIVITY (1435)
