Showing all results for category “Illinois first district appellate court”

Teacher Sued for Sexual Misconduct Loses Bid to Recoup Defense Costs

The 1st District Appellate Court recently held that an insurer’s obligation to pay defense costs for an insured who successfully defended a suit claiming sexual misconduct was not ambiguous or illusory, and the dismissal of the lawsuit for want of prosecution did not give rise to a defense obligation.

Insurer Not Liable for Settlement Between Claimant and Insured

Don Sampen analyzes a 1st District Appellate Court decision that held an insurer was not obligated to indemnify an insured under a settlement agreement reached independently between the insured and claimant because the settlement agreement removed any payment obligation for the insured, and the insurer had not breached its duty to defend.

Endorsement Had No Effect on Claims-made Notice Requirement

Don Sampen analyzes an Illinois First District Appellate Court decision that held a claims-made policy endorsement requiring notice to the insurer upon partial exhaustion of the insured’s self-insured retention did not alter the policy’s requirements regarding notice to the insurer of a claim.

Court Finds No Property Coverage for COVID Business Interruption

Don Sampen analyzes an Illinois First District Appellate Court decision that affirmed that business interruptions due to COVID-19 do not constitute “direct physical loss or damage” under a commercial property insurance policy. The court agreed with prior case law that the virus’s effects—while significant—do not physically alter property to trigger coverage.

Illinois First District Appellate Court Holds Insurer Not Liable for BIPA Claim Under a Cyber Liability Policy

Colleen Beverly analyzes an Illinois First District Appellate Court decision finding the insurer not liable under the Biometric Information Privacy Act. The court held that the underlying action did not amount to a “data breach” or “security failure” that was unauthorized by the employer.

Court Upholds Anti-stacking Terms of Underinsured Auto Coverage

Don Sampen analyzes a First District Appellate Court ruling that an insured under three automobile policies issued by the same insurer was not entitled to stack UIM benefits to cover her motorcycle injury, as the policies did not provide illusory UIM coverage.

Court OKs Setoff for Payment Municipality Made to Officer

By Don R. Sampen, published, Chicago Daily Law Bulletin, January 23, 2024

Over dissent, the 1st District Appellate Court recently held that an automobile policy’s uninsured motorist provision requiring a reduction in benefits for compensation paid to the insured “under” certain laws applied to compensation paid to a police officer pursuant to the City of Chicago’s collective bargaining agreement with the police union.

Court Finds Coverage for BIPA Liability Effectively Excluded

By Don R. Sampen, published, Chicago Daily Law Bulletin, January 9, 2024

The 1st District Appellate Court, disagreeing with the 7th U.S. Circuit Court of Appeals, recently held that a “catchall” exclusion for certain statutory liabilities applied to a claim against an insured for violation of the Biometric Information Privacy Act,

Appeals Court Weighs Equitable Versus Contractual Subrogation

By Don R. Sampen, published, Chicago Daily Law Bulletin, November 21, 2023

The 1st District Appellate Court recently held that an insurer was entitled to subrogate to the rights of an insured despite the fact a different insured received the insurer’s payment for loss.

Property Insurance Held Not To Be Equivalent of ‘Reserve’

Don Sampen breaks down a 1st District Appellate Court decision that an insurer for a condo association had a duty to defend claims of inadequate insurance coverage despite a policy exclusion relating to the failure to maintain adequate reserves.