An Illinois trial court recently addressed the issue of whether an insurer exhausted its limits of liability in paying nearly $90 million for an insured’s defense and indemnity associated with asbestos bodily injury claims. CNA issued umbrella and excess insurance to Borg-Warner Corporation and contended that the occurrence limits of
Read More Illinois Court: Multi-year Policy Limits Applied To Entire Policy Period, Not Annually, And Payments For Potentially Covered Claims Established Exhaustion
Illinois Developments
Illinois Department of Insurance has Appointed Temporary Director
By Troutman Pepper Locke on
Illinois Governor Rauner has named Acting Director Jim Stephens as director of the Department of Insurance on a temporary basis through January 2017. The Governor’s Office will continue the search for a permanent director in the interim. The appointment does require Senate confirmation. Director Stephens was not able to continue…
Read More Illinois Department of Insurance has Appointed Temporary Director
Illinois DOI Proposes New Producer Rules
By Benjamin Sykes & Troutman Pepper Locke on
The Illinois Department of Insurance recently published proposed regulations impacting insurance producer licensing in Illinois. While largely technical in nature, the proposed rules do require an individual to spend at least 51% of their time in Illinois to be considered a “resident” producer. Moreover, with respect to business entities which…
Based on a Doubtful “Plausible” Reading of an Insurance Policy, the Seventh Circuit Finds Coverage
By Troutman Pepper Locke on
While interpreting a policy governed by Illinois law, the Seventh Circuit found ambiguity based on two “plausible” interpretations and found coverage, a finding based on language that appears to have been construed in isolation and without regard to the purpose or pricing of the policy. That case was National Casualty Co. v. White Mountains Reinsurance Co., no. 11-3158 (7th Cir. Oct. 30, 2013).
Read More Based on a Doubtful “Plausible” Reading of an Insurance Policy, the Seventh Circuit Finds Coverage
The Seventh Circuit Puts an End to Litigation Attacking the Cost of Force-Place Insurance
By Troutman Pepper Locke on
In Cohen v. American Security Insurance Co., the Seventh Circuit rang the death knell on mortgagors’ lawsuits complaining about the cost of force-place insurance bought by the mortgagors’ bank. When a bank makes a loan and takes a mortgage, the mortgagor’s real estate often is the bank’s security – that is, the bank’s assurance that its loan will be repaid, involuntarily if need be. …
Read More The Seventh Circuit Puts an End to Litigation Attacking the Cost of Force-Place Insurance
The Illinois Appellate Court Rules that CGL Policies’ General Aggregate Limit Should Not Be Mistaken for an Each Occurrence Limit
By Troutman Pepper Locke on
In Bituminous Casualty Corp. v. Iles, the Appellate Court of Illinois reversed the trial court’s judgment against the insurance company. An oil well exploded, leading to many lawsuits against Bituminous’s policyholders. …
Read More The Illinois Appellate Court Rules that CGL Policies’ General Aggregate Limit Should Not Be Mistaken for an Each Occurrence Limit
COMPLIMENTARY WEBINAR – FRACKING the NEW ALBANY SHALE: Legal and Technical Issues Arising from the Passage of the Illinois Hydraulic Fracturing Regulatory Act (HFRA)
Edwards Wildman Speaker: Robert W. DiUbaldo
12:00 PM – 1:15 PM (Central Time)
Please join us on August 28 from noon to 1:15 pm (Central) for this free webinar. Attorneys from Edwards Wildman Palmer LLP and Surdyk & Baker, engineers from St. John-Mittelhauser & Associates and underwriting and claims professionals from the Catlin Group will discuss the recently enacted Illinois Hydraulic Fracking Regulatory Act and its potential consequences, and will answer your questions. …
Read More COMPLIMENTARY WEBINAR – FRACKING the NEW ALBANY SHALE: Legal and Technical Issues Arising from the Passage of the Illinois Hydraulic Fracturing Regulatory Act (HFRA)
The Seventh Circuit Rules that an Insurance Contract’s Exclusion of Any “Multiplied Damages” Does Not Mean the Multiplier Used to Enhance an Award of Attorney Fees
By Troutman Pepper Locke on
In a flawed opinion handed down in Carolina Casualty Insurance Co. v. Merge Healthcare Solutions, the Seventh Circuit ordered an insurance company to pay $3.15 million for attorney fees awarded to the plaintiffs who sued the company’s insured. Some shareholders sued Amicas, Inc. and its officers, who were insured by Carolina Casualty Insurance Co. under a D&O policy. …
Read More The Seventh Circuit Rules that an Insurance Contract’s Exclusion of Any “Multiplied Damages” Does Not Mean the Multiplier Used to Enhance an Award of Attorney Fees
The Alabama Supreme Court Affirms Aggregating Toxic Spills into One Occurrence, As They Were the Policyholder’s Routine Practice for Fifteen Years
By Troutman Pepper Locke on
In Certain Underwriters at Lloyd’s London v. Southern National Gas Co. (Ala. June 18, 2013), the Alabama Supreme Court upheld a jury verdict finding that the leaking of PCB from 8 different locations was one “occurrence.” Sonat (short for Southern National Gas Co.) had 38 air compressers to push natural gas through Sonat’s 14,000 miles of pipeline spanning seven southeastern states. …
Read More The Alabama Supreme Court Affirms Aggregating Toxic Spills into One Occurrence, As They Were the Policyholder’s Routine Practice for Fifteen Years
The Illinois Supreme Court Rules that the Telephone Consumer Protection Act’s Statutory Damages Are Not Punitive
By Troutman Pepper Locke on
In an opinion adjudicating the insurability of claims brought under the federal Telephone Consumer Protection Act (“TCPA”), the Illinois Supreme Court recently ruled that public policy did not prohibit coverage of these claims. The decision is Standard Mutual Insurance Co. v. Lay, No. 114616 (Ill. May 23, 2013), and a copy of it is available here. …
Read More The Illinois Supreme Court Rules that the Telephone Consumer Protection Act’s Statutory Damages Are Not Punitive