This video details the cumulative online database of insurance cases created by NGE Insurance Policyholder counsel Jill Berkeley in 1986 to supplement the hard copy Fifteen-Year Index of The Policy, prepared by Peter C....more
In Direct Auto Insurance Company v. Bahena, et al., 2019 IL App (1st) 172918, the Illinois Appellate Court sifted through a procedural nightmare in order to get to the very sensical conclusion that “It cannot be the case that...more
How often do you hear defense attorneys say, “I’m not interested in anything related to coverage. That’s not my concern.” From a coverage lawyer’s perspective, this is a dangerous position, both ethically and legally....more
9/30/2016
/ Commercial General Liability Policies ,
Construction Industry ,
Construction Project ,
Estoppel ,
Fireman's Fund Insurance ,
Insurance Industry ,
Interrogatories ,
Negligence ,
Policy Limits ,
Reservation of Rights ,
Scope of Coverage ,
Workplace Safety
“Let no good deed go unpunished.” That’s how Busch Properties probably sees the result in the Busch Properties, Inc. v. National Union Fire Ins. Co. decision from the Eighth Circuit Court of Appeals, No. 14-3699 (2/24/2016)....more
Contractual indemnification clauses are among the most overused and misunderstood rights that parties argue over and negotiate for. Although nothing in Illinois law prohibits parties from specifically contracting to provide...more
Given the American Law Institute’s recent discussion at its May 2015 meeting, regarding Preliminary Draft No. 1 of the Restatement on Liability Insurance, Chapter 2, Sections 20 and 21, I would like to add my voice to those...more
In Bituminous Casualty Corporation v. Plano Molding Company, 2015 IL App (2d) 140292, the Illinois Appellate Court tackled one of the most misunderstood issues in the commercial general liability policy: does an obligation to...more
In Country Mut. Ins. Co. v. Hilltop View, LLC, 2014 IL App (4th) 140007, the appellate court reversed the trial court’s order of contempt against the insurer, arising from the insurer’s failure to pay the defense costs the...more
Consumer class action claims are a familiar tool for addressing dissatisfaction with a defective product. Given that one of the goals of a consumer class action claim is to recover damages for the claimants, triggering...more
An insured under an errors and omissions policy gives timely notice of circumstances during the policy period in effect when it first became aware of its potential civil liability. The E&O insurer acknowledges notice. ...more
If you are not using the Insurance Case Law Index regularly to check on Illinois insurance cases, you are missing out on a great resource. Now summarizing over 1,890 Illinois state and federal case citations, holdings and...more
As policyholder lawyers, one can usually count on a few basic mistakes that insurers will make. First, they wrongfully deny coverage and fail to defend. They abandon their insured who is then left to its own devices to...more
In John Doyle Trust, et al. v. Country Mutual Insurance Co., 2014 IL App (2d) 121238, the Illinois appellate court affirmed summary judgment entered against Country Mutual, finding it owed its insured landlords a defense for...more