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Judge: Fact Issues Preclude Judgment In Professional Liability Coverage Suit

EAST ST. LOUIS, Mo. - There are genuine issues of material fact as to whether a doctor told the truth on his professional liability insurance application, an Illinois federal judge ruled Aug. 28, denying the doctor and a medical center's motion for ...read more

Judge Stays Data Breach Coverage Suit After Parties Announce Potential Agreement

CHICAGO - A commercial general liability insurer's lawsuit disputing coverage for underlying claims that a retail crafting store insured's failure to safeguard its credit and debit personal identification number (PIN) pad terminals caused a data ...read more

California Federal Judge Rejects Summary Judgment Motions In Indemnity Suit

SAN FRANCISCO - A California federal judge on Sept. 13 declined to grant summary judgment motions by both parties in a duty-to-defend suit between two insurance companies but granted the defending insurance company summary adjudication on two issues and ...read more

Judge: Reinsurer Must Pay Reinsured $230,527 To Cover Underlying Settlement

CHICAGO - A federal judge in Illinois granted summary judgment to an insurer on Sept. 19, finding that a follow-the-settlements clause of a reinsurance agreement covered an insurer's settlement of an underlying dispute ( Arrowood Indemnity Company ...read more

Reinsurer Says It Cannot Be Compelled To Arbitrate Under Reinsurance Agreements

CHICAGO - A reinsurer on Oct. 31 told an Illinois federal court that it is not a party to certain reinsurance agreements and, therefore, cannot be compelled to arbitrate under the agreements' arbitration clauses (Pine Top Receivables of Illinois, ...read more

Appeals Court: Payment Provision Does Not Provide Defense In Malpractice Suit

CHICAGO - In a matter of first impression, an Illinois appeals court on Nov. 9 held that a voluntary payment clause in a professional liability insurance policy does not bar a duty to defend in a legal malpractice action ( Illinois State Bar Association ...read more

Reinsurer Says Unsigned Reinsurance Treaty Cannot Be Enforced

CHICAGO - A reinsurer says in an Illinois federal court on Nov. 13 that another reinsurer cannot take an offset under a treaty because the treaty was never signed ( Guarantee Trust Life Insurance Company v. American Medical and Life Insurance Company ...read more

Lead Liability Exclusion Clearly Precludes Coverage, Illinois Panel Finds

CHICAGO - An insurer has no duty to defend its insured property manager against an underlying suit alleging damages from exposure to lead paint because the policy specifically excluded coverage for injuries caused by lead, the First District Illinois ...read more

Judge Says Sovereign Foreign Reinsurer Is Immune From Prejudgment Security

CHICAGO - A federal judge in Illinois on Dec. 13 denied a motion by the assignee to certain reinsurance treaties to strike a reinsurer's answer and motion to dismiss and held that the reinsurer was not required to post prejudgment security because ...read more

Judge Stands By Ruling Dismissing Coverage Suit Over Secretary's $880,000 Theft

CHICAGO - An Illinois federal judge on Dec. 27 denied a law firm insured's motion to reconsider a ruling dismissing its breach of contract and bad faith claims against its insurer stemming from the insurer's denial of coverage for a secretary's ...read more

Judge Denies Reinsurer's Motion For Reconsideration Of Summary Judgment

CHICAGO - A federal judge in Illinois on Jan. 11 denied a reinsurer's motion for reconsideration of a summary judgment regarding a negligence counterclaim, noting that the motion for reconsideration did not bring up anything new (Arrowood Indemnity ...read more

Illinois Panel Reverses Ruling That Insurer Has Duty To Defend Law Firm

CHICAGO - An Illinois appeals panel on Jan. 17 ruled that a lawyers professional liability insurer has no duty to defend an attorney and his law firm against underlying civil conspiracy claims, reversing a lower court's finding that a policy exclusion ...read more

Judge: Insurer Has No Duty To Defend Condo Association, Managers In Raw Sewage Suit

CHICAGO - An insurer has no duty to defend its condominium association insured and its managers, acting in their capacity as directors and officers of the association, from an underlying lawsuit stemming from a raw sewage backup problem, an Illinois federal ...read more

Panel: Jury Verdict Offset In Dramshop Case Involving Insolvent Insurance Company

MOUNT VERNON, Ill. - In a Dramshop Act case involving the Illinois Insurance Guaranty Fund, substituting for an insolvent insurer, an Illinois appeals panel ruled Feb. 1 that a full jury verdict is offset by other insurance recoveries and that amount ...read more

Judge Denies Motion To Reverse Decision To Not Make Reinsurer Post Security

CHICAGO - An Illinois federal judge on Feb. 5 denied a motion to amend or correct an order that allowed a foreign reinsurer to not post prejudgment security in a reinsurance billing dispute (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del ...read more

Insurer Owes No Defense For Breach Of Fiduciary Duty, Claim, Federal Judge Finds

CHICAGO - An insurer has no duty to defend insureds against a breach of fiduciary duty claim that arose out of construction defect allegations, an Illinois federal judge ruled Feb. 20 (Lori Hess, et al. v. Travelers Casualty and Surety Company of America ...read more

Illinois Appeal Panel Affirms Pollution Exclusion Ruling In Contaminated-Water Suit

MOUNT VERNON, Ill. - A unanimous Illinois First Appellate District, Fifth Division, panel issued an opinion Feb. 22 affirming a judgment that insurance companies for Crestwood, Ill., owe the village no duty to defend and to indemnify in underlying contaminated ...read more

Judge Allows Insured To File Amended Counterclaim In Defect Insurance Dispute

HONOLULU, Hawaii - A Hawaii federal judge on March 28 affirmed a magistrate judge's order granting an insured's motion for leave to file a second amended counterclaim for bad faith and negligent misrepresentation against its insurers regarding ...read more

Reinsurer Says Court Should Dismiss Claim To Compel Arbitration

CHICAGO - A reinsurer told an Illinois federal court on April 11 that the assignee of certain rights under a number of reinsurance agreements has not sufficiently pleaded its claims regarding its attempt to get the court to compel arbitration (Pine Top ...read more

Illinois Panel: No Coverage For Claims That Insured Violated Consumer Fraud Act

CHICAGO - Claims that an insured violated the Consumer Fraud Act by intending to put its competitors out of business so that it could dominate the diagnostic testing market fail to assert accidental conduct or consequences and, therefore, do not constitute ...read more

Appeals Court: Merely Retaining Attorney Does Not Fulfill Duty To Defend

CHICAGO - Even though an insurer retained an attorney to defend its insured in personal injury cases, an Illinois appeals panel on April 17 held that, in light of the attorney's subsequent failure to actually take sufficient actions on the insured's ...read more

Assignee To Reinsurance Agreements Says It Was Assigned Right To Arbitrate

CHICAGO - The assignee of certain rights under a number of reinsurance agreements told an Illinois federal court on April 19 that it has sufficiently alleged facts supporting its contention that it was assigned the right to arbitrate when it was assigned ...read more

Magistrate: Insurer Has No Duty To Defend School Board's Suit Against Insured

ST. LOUIS - A general liability insurer has no duty to defend its city insured against a school board's claims that the insured wrongfully withheld tax revenues, an Illinois federal magistrate judge ruled April 30, granting the insurer's motion ...read more

Illinois Federal Judge Orders Government To Provide Information In Medicare Suit

CHICAGO - An Illinois federal judge on May 6 partially granted a defendant's motion for an order directing the federal government to file a bill of particulars in its case against him for Medicare fraud (United States of America v. Robert Kolbusz ...read more

Judge: Alleged False Statements About Prescription Patch Are Covered Under Policy

CHICAGO - Underlying claims that an insured made false statements about a competitor's prescription patch trigger an insurer's duty to defend under the policy's "advertising injury" coverage resulting from disparagement, an Illinois ...read more