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Articles Posted in Insurance Claims

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Cook County Judge Restricts Insurance Recovery in Porch Collapse Case; Ware v. First Specialty Insurance Corp.

A Circuit Court judge ruled on a provision in an insurance policy claim that arose out of a 2003 Chicago porch collapse. At issue was whether or not the death and injuries of several individuals was the result of a single occurrence. The judge decided in favor of the defendant…

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Progressive Insurance Limits in Illinois Motorcycle Accident Case Ruled On By Appellate Court

While it is somewhat common for two vehicles involved in an Illinois car accident to be covered by the same insurance company, it is very rare that both those vehicles are covered under the same insurance policy. In Progressive Premier Insurance Company of Illinois v. Kocher, No. 5-07-0468, both vehicles…

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Illinois Temporary Total Disability (TTD) Benefits Reviewed By Illinois Supreme Court: Affirm Illinois Workers Entitled to TTD Benefits Until Condition Stabilizes

A recent Illinois workers’ compensation decision, Interstate Scaffolding, Inc. v. Illinois Workers’ Compensation Commission, No. 107852, 2010 WL 199914 (Ill.Sup.Ct.), examined whether a worker was entitled to temporary total disability (TTD) benefits following his termination. The Illinois Supreme Court reversed the Illinois Appellate Court’s decision, thus siding with the Illinois…

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Illinois Truck Accident Insurance Coverage Will Be Decided On By Illinois Supreme Court

In September 2008, a Illinois First District Appellate Court decision ordered Zurich American Insurance Company to cover a Illinois wrongful-death lawsuit against its insured Key Cartage and Terry Washington. Zurich American Insurance Co. v. Key Cartage, 2008 WL 4445122 (1st Dist., Sept. 30). The Illinois Supreme Court has agreed to…

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Illinois Makes Mandatory Insurance Coverage For Vehicles Applicable to Truckers

Under the Illinois Vehicle Code, every motor vehicle liability policy issued in Illinois must cover drivers who have expressed or implied permission from the insured. Recently, in a question of first impression, the Illinois Appellate Court was asked whether this statutory requirement for omnibus coverage applies to a liability insurance…

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Illinois Court Decides Insurance Company Not Responsible for Covering Workers’ Compensation Claim

Illinois Appellate Court ruled that Illinois Insurance Guaranty Fund (IIGF) is responsible for paying Illinois workers’ compensation benefits to a worker who was injured on the job (Virginia Surety Co. v. Adjustable Forms, Inc.). This ruling came in spite of IIGF’s claims that the Chicago worker was also covered under…

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MetLife v. Glenn: U.S. Supreme Court Says Insurance Company’s Conflict of Interest One Factor in Wrong Denial of Disability Benefits

It’s no secret that insurance companies sometimes put their own interests above that of their customers. Even if you make all your premium payments on time and promptly fill out your forms, you might still struggle to obtain payments from your insurer. And while the practice of denying claims and…

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Chicago Hospital Sued for Overcharging Uninsured Patient: Illinois Appellate Court Upholds Hospital’s Right to Charge Different Rates

Antonio Galvan, uninsured, sued Northwestern Memorial Hospital once he discovered that he was charged twice as much as an insured patient would have been for the same services. He alleged that the Chicago hospital’s practice of differentiating between uninsured and insured patients constituted unfair and deceptive conduct under the Illinois…

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Illinois Appellate Courts Disagree on Scope of Construction Statute of Repose

A recent decision by an Illinois Appellate Court continued the debate regarding the interpretation of the construction statute of repose (Illinois Code of Civil Procedure, Section 13-214(b)). The construction statute of repose states: No action based upon tort, contract or otherwise may be brought against any person for an act…

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