You’ve Made Your Bed, Now Lie In It: If You Refuse to Defend Your Insured,...
In Pekin Insurance Company v. XData Solutions, Inc., 2011 IL App (1st) 102, 958 N.E.2d 397 (1st Dist. 2011), the court held that an insurer that improperly declined to defend its insured could not...
View ArticleInsurer Not Entitled to Restitution or Reimbursement from Insured for...
In United States Fidelity & Guarantee Co. v. United States Sports Specialty Association, No. 20090657, 2012 UT 3 (Utah Jan. 12, 2012), the court held that an insurer is not entitled to...
View ArticleCGL Insurer Has Duty to Indemnify Notwithstanding that Underlying Complaint...
The court in Gilbane Building Co. v. Admiral Insurance Co., 664 F.3d 589 (5th Cir. 2011), held that an insurer that had no duty to defend was nevertheless obligated to indemnify the insured for a...
View ArticleInsurer Has No Right of Reimbursement After Paying Settlement
In United States Fidelity & Guarantee Company v. United States Sports Specialty Association, 270 P.3d 464 (Utah 2012), the Supreme Court of Utah held that an insurer is not entitled to seek...
View ArticleSelf Insured Employer Entitled to Unlimited Worker’s Compensation Benefits...
In Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund, 2012 IL App. (1st) 111533, the Court held that the guaranty fund had the same obligation to provide worker’s compensation benefits when an...
View ArticleInsurer Bound by Policyholder’s Settlement of Questionable Liability Case
InHome Federal Savings Bank v. Ticor Title Insurance Company, No. 1:10-cv-0999 (Sept. 6, 2012), the Seventh Circuit held that the policyholder mortgage company was entitled to be reimbursed for...
View ArticleInsurer’s Silence Does Not Evidence Consent For Purposes of Voluntary...
In West Bend Mutual Insurance Co. v. Arbor Homes LLC, No. 12-2274 (7th Cir. Jan 8, 2013), the Seventh Circuit reaffirmed the critical importance of obtaining an insurer’s consent before settling a...
View ArticleMissouri Court Applies “All Sums” Allocation to Long-Tail Environmental...
The court in Doe Run Resources Corporation v. Certain Underwriters at Lloyd’s London, No. ED98086, 2013 Mo. App. LEXIS 468 (April 16, 2013), held that excess liability insurers were jointly and...
View Article"Blast Fax" TCPA Damages Covered Under CGL Policy
In Standard Mutual Insurance Co, v. Lay, 2013 IL 114617, the court held that damages awarded pursuant to the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227(b)(3) (the “TCPA”) constitute...
View ArticleIllinois Court Rejects Insurer's Invitation to Reverse "All Sums" Ruling
On March 5, 2013, the Illinois Appellate Court in John Crane, Inc. v. Admiral Ins. Co., 2013 IL App. (1st) 093240, held that in an asbestos bodily injury coverage case,1. Any policy in which...
View ArticlePrejudgment Interest: It’s Not Discretionary! Insurers Should Pay Up
Who has not heard in the first round of mediation, insurers say, “prejudgment interest and extracontractual damages are off the table.” That’s just wrong. In the last three months alone,...
View ArticleInsurers Ordered to Produce Attorney Reports Evaluating Whether to Deny Coverage
The court in National Union Fire Ins. Co. of Pittsburgh, Pa. v TransCanada Energy USA, Inc., No. 650515/2010, 2013 N.Y. Misc. LEXIS 3735 (N.Y. Sup. Ct., August 15, 2013), held that neither the...
View ArticleInsured May Settle Claim Before Suit if Insurer Wrongfully Denies Coverage
In Selective Ins. Co. v. Cherrytree Cos., 2013 IL App (3) 120959, the Illinois Appellate Court for the Third District drove the final nail in the insurer’s “if there is no duty to defend, there is no...
View ArticleState Farm’s Relentless Pursuit to Deny Coverage for TCPA Cases
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...
View ArticleExcess Insurance: Questions Raised By Qualcomm And Issues Relating To The...
Partner Seth Lamden will be speaking on a panel entitled "Excess Insurance: Questions Raised by Qualcomm and Issues Relating to the Duty to Defend" at the American Conference Institute's 2nd National...
View ArticleWhen Indemnitor Is Off the Hook For Contractual Indemnity
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...
View ArticlePay and Chase Insurer for Settlement? Better Get a Release
“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,...
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