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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