Close

Articles Posted in Insurance Claims

Updated:

U.S. Federal District Court Rules That Insurer is Estopped from Cutting Policy Limit

In the wrongful death case for Lee Lindemann, filed on behalf of the Estate of Sue Ann Lindemann, the U.S. District Court ruled that estoppel blocked National Fire & Marine Insurance Co. from invoking a “declining balance” provision in its insurance policy. This was done to reduce its $1 million…

Updated:

Illinois Appellate Court Reverses Trial Court on Duty to Defend in Insurance Coverage for Worker

Blinderman Construction Co. was hired by the Public Building Commission of Chicago to be the general contractor for a construction project at an elementary school. Blinderman hired JM Polcurr Inc. as a subcontractor to do the electrical work on the project. Following the contract, Polcurr purchased an insurance policy that…

Updated:

Illinois Appellate Court Reverses and Remands Insurance Case Regarding Demand for Arbitration

The plaintiffs in this case filed a complaint against the defendant insurance company, United Equitable Insurance Co., alleging breach of contract in bad faith when United Equitable would not pay the plaintiffs’ claims from an auto accident involving an uninsured motorist. The plaintiffs filed a motion for summary judgment, which…

Updated:

Cook County Jury Verdict for Injured Bicyclist Hit by Motorist Who Ran Stop Sign

Forrest Buchtel, 74, was riding his bike southbound on Sherman Avenue in Evanston, Ill.  He stopped for a stop sign at Greenleaf Street, which is a four-way stop intersection and then began peddling his bike into the intersection when he was hit by an eastbound car driven by the defendant,…

Updated:

Illinois Appellate Court Finds That Each Instance of Under-Insurance Must Be Considered Individually

In this case, the quarrel was over setoffs for settlements that totaled $395,000 paid by two under-insured motorists who were claimed to have caused a crash that seriously injured Erin Tufano. Tufano was insured under an Illinois Emcasco Insurance Co. policy that provided $500,000 in under-insured motorist coverage (UIM).  A…

Updated:

Illinois Appellate Court Resolves Under-Insured Motorist Claim and Demand for Arbitration

Vanity Mack was injured in 2010 and submitted an under-insured motorist claim to Allstate Insurance Co. In addition to the claim, Mack filed a demand for arbitration under the rules of the Federal Arbitration Act. In December 2010, Allstate informed Mack that she was required to execute the Health Insurance…

Updated:

Illinois Appellate Court Decides that Dissolved Companies’ Liability Insurance Policies Were Unavailable for Persons Making Claims Against Corporation

The Illinois Appellate Court for the Third District has held that persons with claims against a corporation dissolved for more than 5 years could not recover against the corporation’s liability insurers. In this case, defendant insurers included Employers Insurance Co. of Wausau, TIG Insurance Co. and Travelers Casualty and Surety…

Updated:

U.S. Court of Appeals Decides Underinsured Motorist Coverage Regarding Stacking

Toni Dugan was insured by Nationwide Insurance Co. She was involved in an automobile accident with Chelsea Rainey who was insured by American Family Insurance Co. Rainey’s policy had a $100,000 limit, which American Family paid to Dugan and her husband, James. The Dugans’ damages exceeded $200,000, and they made…

Updated:

Illinois Appellate Court Reverses Decision Where Contractor was Entitled to Insurance Coverage for Vicarious Liability

The Illinois Appellate Court for the First District has held that an insurer had a duty to defend an additional insured who was entitled under the policy of insurance to coverage because of vicarious liability even though the underlying complaint against it included no allegations of vicarious liability. CSR Roofing Contractors…

Updated:

Illinois Appellate Court Rules that Insurance Company Must Have Received Actual Notice from Insured Before Duty to Defend Kicks In

On July 26, 2011, Lashaunda Carter was driving her car when she was involved in a crash with an uninsured motorist, Cortez Williams. Jasmine Carter was in Carter’s car and was injured as a result of the collision. Lashaunda was insured by American Access Insurance Co. Lashaunda’s insurance policy covered…

Contact Us