Showing all results for category “insurance industry”

Insurer Must Defend For Vicarious Liability Even Though Not Alleged

By Don R. Sampen, published, Chicago Daily Law Bulletin
[September 5, 2017]

The 1st District Appellate Court recently held that an insurer had a duty to defend an additional insured for possible vicarious liability arising from the named insured’s negligence,

Court Spells Out Scope of Coverage for Defective Construction Work

By Don R. Sampen, published, Chicago Daily Law Bulletin
[August 22, 2017]

The 7th U.S. Circuit Court of Appeals, construing Illinois law, recently held that an insurer had a coverage obligation arising out of its insured’s alleged faulty work in applying a waterproof sealant that resulted in damage to condominium property.

Statute of Limitations Frees Broker From Faulty Insurance Claims

By Don R. Sampen, published, Chicago Daily Law Bulletin
[July 13, 2017]

The 3rd District Appellate Court recently held that for statute of limitations purposes, an insured’s action against a broker for failure to procure proper insurance accrues at the time the insured receives a copy of the policy,

Insurer’s Overall Knowledge Brings Duty

By Don R. Sampen, published, Chicago Daily Law Bulletin
[June 27, 2017]

The 1st District Appellate Court recently held that an insurer had a duty to defend an additional insured based on information available to it and reflected in its claim file along with allegations in the underlying lawsuit and other documentation.

Limitations Period Tolled for Procurement Action Against Agent

By Don R. Sampen, published, Chicago Daily Law Bulletin
[June 13, 2017]

The 1st District Appellate Court recently held that the two-year statute of limitations applicable to an insured’s cause of action against an insurance agent is tolled by the discovery rule until denial of coverage by the insurer.

Tightly Written Policy Shields Insurer From Damaging TCPA Claims

The 1st District Appellate Court recently held that an insured was not entitled to coverage for a settlement of class-action claims brought under the Telephone Consumer Protection Act of 1991, 47 U.S.C. Section 227, et seq.

Duty To Defend Insured In Civil Case Terminated With Criminal Conviction

The 1st District Appellate Court recently held that allegations in an underlying complaint against an insured sufficiently alleged negligence so as to require the insurer to defend, but that the duty to defend ended once the insured was criminally convicted of the alleged conduct.

Woman Finds Husband’s Lapsed Life Insurance Policy Can’t Be Resurrected

The U.S. District Court for the Northern District of Illinois recently held that a lapsed life insurance policy could not be reinstated after the death of the insured, despite an alleged representation by the insurer’s agent that it would be.

Dissolved Company’s Liability Policies Give Claimants No Avenue Of Recourse

The 3rd District Appellate Court recently held that persons with claims against a corporation dissolved more than five years earlier could not recover against the corporation’s liability insurers.

The claimants in Adams v.

Additional Insureds Finds Timely Notice Just As Important As For Insureds

The 1st District Appellate Court recently held that an additional insured has obligations similar to a named insured in giving prompt notice of an occurrence or lawsuit to the insurer, and that the additional insured’s failure to comply negated coverage.