Seventh Circuit Recognizes Illinois Law to Allow Extrinsic Evidence in...
The Seventh Circuit recently handed down a decision encouraging Illinois courts to consider evidence beyond the complaint and the insurance policy when evaluating an insurer’s duty to defend. In...
View ArticleWhat’s Yours is Mine and What’s Mine Isn’t Covered: Illinois Federal Court...
In Westport Insurance Corp. v. M.L. Sullivan Insurance Agency, Inc., No. 15 C 7294, 2017 U.S. Dist. LEXIS 1527 (N.D. Ill. Jan. 5, 2017), an Illinois federal district court underscored the importance of...
View ArticleDo Not Pass Go, Do Not Collect Hundreds of Thousands of Dollars: Seventh...
In Allied Property & Casualty Insurance Co. v. Metro North Condominium Ass’n, No. 16-1868, 2017 U.S. App. LEXIS 4107 (March 8, 2017), the Seventh Circuit found coverage unavailable for a settlement...
View ArticleA Subpoena May Be a Claim if the Insured says It Is
Whether or not there is coverage under a D&O Policy to pay for expenses incurred responding to a governmental subpoena is a recurring question that nets an inconsistent answer from courts around...
View ArticleVicarious Liability and Additional Insured Coverage: Illinois Appellate Court...
The Appellate Court of Illinois recently considered whether an underlying complaint against an a general contractor (additional insured), filed by the estate of an independent...
View ArticleIllinois Appellate Court Reverses Course on Trigger for Malicious Prosecution...
An Illinois Appellate Court established a new rule for when malicious prosecution occurs and triggers coverage under a liability policy. In Sanders v. Illinois Union Insurance Company, the court...
View ArticleAbsent Policyholder Demand To Settle, Seventh Circuit Affirms Dismissal of...
The Seventh Circuit, applying Illinois law, recently tackled the highly-charged issue of a bad faith claim against an insurer for failing to settle for the policy limit. In Surgery Center at 900 North...
View ArticleSeventh Circuit Holds That Replacement Cost Coverage Requires Aesthetic...
In the latest entry of “matching” jurisprudence under first party property policies, the Seventh Circuit Court of Appeals, acknowledging that jurisdictions have reached conflicting results and applying...
View ArticleIllinois Federal Court Refuses to Extend NY Insurance Law 3420 to Policy Not...
An Illinois federal district court in Frankenmuth Mutual Insurance Company v. The Hockey Cup, LLC held that an insurer was excused from its defense obligations due to late notice, since the court found...
View ArticleIllinois Federal District Court Determines Policy Intent Trumps Policy Language
In an interesting decision handed down late last year, an Illinois federal district court in Ohio Security Insurance Company v. Truck Tire Sales, Inc. determined coverage was not available after...
View Article
