Kirk Jenkins

Kirk Jenkins

Sedgwick LLP

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Could an Insurer’s Declaratory Judgment Action Waive the Right to Participate in Settlement in Illinois?

An insurer offers its insured a defense under a reservation of rights and files a complaint seeking a declaratory judgment determining coverage. This is not an uncommon sequence of events, either in Illinois or anywhere...more

2/24/2014 - Declaratory Judgments Insurers Settlement

Illinois Supreme Court Handing Down Bartlow and Evanston Insurance on Friday Morning

The Illinois Supreme Court has announced that it will file opinions in two civil cases on Friday morning at 10 a.m. The cases and issues presented are...more

2/21/2014 - Fees Fines Insurers

Liquidated Damages For Junk Faxes Are Insurable in Illinois

The Federal Telephone Consumer Protection Act provides that it's unlawful to send unsolicited advertisements to a fax machine. 47 USC 227(b)(1)(C). The statute creates a private right of action, with damages equal to actual...more

6/4/2013 - Advertising Consumer Protection Act Insurers Liquidated Damages Penalties TCPA

Illinois Supreme Court to Decide Interplay Between Dram Shop Act and Insurance Guaranty Fund Act

In the final days of the Illinois Supreme Court's recently concluded May term, the Court allowed petitions for leave to appeal in five new civil cases. Today, we begin our detailed previews of those cases, discussing the...more

6/4/2013 - Dram Shop Laws Drunk Driving Guaranty Claims Insurers Liability

Illinois Supreme Court Debates the Insurability of TCPA Federal Junk Fax Penalties

Earlier this month, on the final day of arguments for the March term, the Illinois Supreme Court heard oral argument in Standard Mutual Insurance Co. v. Lay. Lay presents the question of whether the penalty imposed by Federal...more

4/1/2013 - Duty to Defend Indemnification Insurers TCPA Unsolicited Faxes

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