In insurance coverage litigation, bad faith claims are somewhat common. Bad faith actions, under section 155 of the Illinois Insurance Code, provide a remedy to insureds for an insurance company’s vexatious and unreasonable refusal to honor its contract with the insured.
Insurance Litigation Defense
How is the Duty to Defend Determined in Insurance Coverage Cases?
One of the most important considerations in insurance coverage cases is determining whether an insurance company has a duty to defend and a duty to indemnify its insured. But how is this determination of insurance coverage made?
5 Takeaways From Cook County’s New HIPAA Qualified Protective Order For Property and Casualty Insurers
The Law Division of the Cook County Circuit Court rang in the New Year with a new HIPAA Qualified Protective Order (QPO) following Judge John Ehrlich’s memorandum opinion in Shull v. Ellis, No. 15 L 9759. The New HIPAA QPO requires a party claiming personal injury to consent to an explicit waiver for other parties, […]
Tis the Season for Insurance Year-end Settlements
When the holiday season rolls around, most people think of thanksgiving dinners, Christmas shopping and spending time with family and friends. As folks prepare for the holiday season, insurance defense counsel prepare for the increased potential for year-end insurance settlements. Both the plaintiffs and the defendants have incentives for settling cases before the beginning of […]
How Much Underinsured Coverage Is An Insurance Company Required To Pay When There Are Multiple Tortfeasors?
Insurance coverage for underinsured and uninsured motorist coverage laws are often times confusing. One source of such confusion is the determination of coverage owed when there are multiple tortfeasors. The recent case of Illinois Emcasco Ins. Co. v. Tufano, 2016 IL App (1st) 151196 provides guidance in this circumstance.
Who Are Necessary And Indispensable Parties In Insurance Coverage Litigation
When it comes to insurance coverage litigation, a key tool used in coverage disputes is the declaratory judgment action. Once an insurance company determines that a declaratory judgment action must be filed to determine insurance coverage under its policy, there are certain parties that must be named as defendants for the complaint to survive dismissal.
HOW TO INVESTIGATE A CLAIMANT’S MEDICAL HISTORY
Every personal injury lawsuit has two areas of investigation: liability and damages. The majority of a claimant’s damages consist of medical treatment. Before insurance defense counsel can completely prepare for a claimant’s deposition, he or she must obtain an accurate picture of claimant’s medical history for the alleged injury.
Insurance Companies: Avoid Big Headaches and Take Control Over Your Small-Insurance Claims Management
Insurance adjusters are swamped with claims of all sizes, but not every claim is a major injury or a wrongful death. Some claims could be small, soft tissue claims with $3,000 in medical bills or a $2,000 rear-end subrogation action. These claims are usually filed in the small claims division of the courts. In Cook […]
Distinction Between the Duty to Defend and the Duty to Indemnify in Insurance Coverage Law
In determining insurance coverage, an insurer’s duty to defend its insured is much broader than its duty to indemnify. In order to determine whether the insurer’s duty to defend has arisen, the court must compare the allegations of the underlying complaint to the policy language. Those allegations must be liberally construed in favor of the […]
Is There Insurance Coverage for a Loss Known By the Insured Before Purchasing Insurance?
Whether there is insurance coverage for a loss known by the insured prior to purchasing an insurance policy depends on several factual issues. By its very nature, insurance is fundamentally based on contingent risks which may or may not occur. One dictionary defines “insurance” as “a contract whereby one undertakes to indemnify another against loss, […]