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Insurance Law

October 2012, Volume 13, Number 5

  • Policy Provision Stating that Insurer’s Duty to Defend Was Limited to Covered Counts Did Not Relieve Insurer of Obligation Under Illinois Law to Provide Full Defense Against Action Alleging Both Covered and Uncovered Counts | by Seth D. Lamden, Neal, Gerber & Eisenberg, LLP
  • What You Don’t Know CAN Hurt You: An Analysis of Farmers Automobile Ins. Assoc. v. Burton | by Melanie A. Strubbe and Camilla M. Pollock-Flynn, LaBarge, Campbell & Lyon, LLC
  • Maintenance Obligation in Lessee’s Contract Satisfies the “Ongoing Operations” Requirement in the Lessee’s Insurance Policy An Analysis of Indiana Insurance Company v. Powerscreen of Chicago, Ltd. | by Melanie A. Strubbe, and Kathleen J. Scanlan, LaBarge, Campbell & Lyon, LLC
  • Insurer Estopped from Denying Coverage and Liable Under Section 155 of the Illinois Insurance Code When It Refused to Defend Its Insured Because Insured Had Not Paid the Full Amount of the Self-Insured Retention | by Seth D. Lamden, Neal, Gerber & Eisenberg, LLP

October 2011, Volume 12, Number 15

  • Leaking Windows Trigger CGL Insurer’s Duty to Defend
  • Bankruptcy and Insured versus Insured Exclusions Did Not Apply To Claims by Trustee against Company Directors
  • Equitable Subrogation and Reimbursement Did Not Apply To a Self-Insured Municipality
  • Sole Negligence Exclusion Does Not Apply Where Additional Insured Not Alleged to be “Exclusively” Liable
  • Amount of Coverage for Series of Related Legal Malpractice Claims Limited to “Each Claim” Limit of Liability
  • Above articles written by: Terry Fox, SmithAmundsen LLC; Patrick Cloud, Heyl, Royster, Voelker & Allen; and, Seth Lamden, Neal, Gerber & Eisenberg, LLP

December 2010, Volume 11, Number 12

  • No Crying Over Spilled Milk: Coverage Is Not Available For “BPA” Baby Bottle Claims
  • No Crying Over Hypothetically Spilled Milk – No Coverage for Potential Damage to Customers’ Property
  • No Payment Where Insured Spills the Milk – Insurer Not On Hook for Defense Costs for Insured’s Misguided Defense Strategy Hayes Lemmerz v. Ace American Insurance 2010 WL 3398152 (C.A.7 (Ind.)) 2010 U.S. App. LEXIS 18149 (August 31, 2010)
  • “Probably Not” Covered – Seemingly Untimely Notice “Excused” Because Insured Relied on Agent’s Advice
  • Above articles written by: Terry Fox, SmithAmundsen, LLC; Gregory G. Vacala, Rusin Maciorowski & Friedman; and, Adrienne Brooks, SmithAmundsen, LLC

October 2006, Volume 6, Number 1

  • The Doctrines of Waiver & Estoppel in Illinois: An Overview | by: Ali Ryan Amin, Tribler Orpett & Meyer
  • Additional Insured Endorsements: Dodd Construction | by: Seth D. Lamden, Howrey LLP
  • Recent Developments in Additional Insured Case Law | by: R. Howard Jump, Jump & Associates, P.C.
  • Target Tender to Umbrella Insurer Fails to Absolve Primary Insurer of Defense and Indemnity; Certificate of Insurance Alone Fails to Establish Additional Insured on a CGL Policy or Basis for Reformation | by: Terry Fox, McKenna Storer Rowe White & Farrug
  • CGL Coverage for Braye Waivers: An Examination of Virginia Surety Co. v. Northern Ins. Co. of New York | by: Sarah J. Condon, Tribler Orpett & Meyer, P.C.

April 2005, Volume 5, Number 1

  • Insurer Not Entitled to Reimbursement of Defense Costs Where Reservation of Rights Letter, but Not Policy, Gave Insurer Right to Recovery General Agents Ins. Co. of America, Inc. v. Midwest Sporting Goods Co. 2005 WL 674685 (Ill.) | by: Daniel G. Wills, Pretzel & Stouffer, Chartered
  • Illinois Supreme Court Overrules Cincinnati Ins. Co. v. River City Constr. Co. in Finding that Equitable Contribution is Not Available to Policies Insuring Different Risks and Holds that Requirements of an Equitable Contribution Claim Do Not Apply to a Claim for Equitable Subrogation Home Ins. Co. v. Cincinnati Ins. Co. 213 Ill. 2d 307 (2004) | by: Daniel G. Wills, Pretzel & Stouffer, Chartered
  • Contractual Subrogation – The Paying Insurer’s Remedy to Home v. Cincinnati Electric Ins. Co. v. National Union Fire Ins. Co. 346 F. Supp. 2d 958 (N.D. Ill. 2004) | by: Richard Valentino, O’Hagan, Smith & Amundsen, L.L.C.
  • Seventh Circuit Finds Underlying Violations of TCPA Do Not Constitute “Advertising Injury” or Covered “Property Damage” American States Ins. Co. v. Capital Associates of Jackson County, Inc. 392 F.3d 939 (7th Cir., 2004) | by: Richard Valentino, O’Hagan, Smith & Amundsen, L.L.C.
  • Excess Policies’ Indemnity Obligation Triggered for Voluntary Environmental Cleanup Central Illinois Light Co. v. The Home Ins. Co. 213 Ill. 2d 141 (2004) | by: Richard L. Elslinger, Kiesler & Berman
  • Antistacking Clauses Unambiguously Prohibit Stacking, Overruling Hall v. General Cas. Co. Hobbs v. Hartford Insurance Co. Anheuser v. Prudential Property & Cas. Ins. Co. 214 Ill. 2d 11 (2005) | by: Richard L. Elslinger, Kiesler & Berman
  • Insurance Coverage Suit Should Not be Stayed Pending the Outcome of the Underlying Product Liability Litigation Allianz Ins. Co. v. Guidant Corp. 2005 WL 247747 (2d Dist. 2005) | by: Meanith Huon, Johnson & Bell, Ltd.
  • Insurer Need Not Prove Prejudice Before Denying Coverage When the Insured is Required by the Policy to Give Timely Notice of a Lawsuit Against it but Inexcusably Fails to do so Country Mutual Ins. Co. v. Livorsi Marine, Inc. 2004 WL 2715453 (1st Dist. 2004)

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