Insurer’s Duty to Defend Insurer for Sending Unsolicited Fax Advertisements
In G.M. Sign, Inc. v. State Farm Fire & Casualty Co., the facts arise out of an underlying fax-blast litigation in which G.M. Sign pursued a class action against Michael Schane (“Schane”) and his company, Academy Engraving Company, for sending unsolicited fax advertisements. On October 1, 2010, G.M. Sign entered into a settlement agreement with […]
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- Insurer not Obligated to Defend Insured in Personal Injury Action against Insured Based on Insured’s Failure to Comply with Notice and Cooperation Provisions of Policy
- Trial Court’s Erroneous Order must be Obeyed until Such Order is Set Aside
- Insurer Must Provide Defense for All Cases where Bare Underlying Allegations would Render Insured Individually Liable
- Requirements must be Satisfied before Insurer has Duty to Defend
- Purpose of Consolidating Lawsuits is to Expedite Resolution of the Lawsuits
- Judgment Against Two or More Defendants that is Vacated as to one of them Need not be Sole Reason to Vacate any of other Defendants
- No Misrepresentation or False Warranty made by Insured in Negotiating Insurance Policy shall Defeat or Avoid Policy unless Made with Actual Intent to Deceive or Materially Affect Acceptance of Risk or Hazard Assumed by Company
- Insurer’s Settlement Check Only Pertained to Bodily Injury Payments and did not Waive its Subrogation Rights as to Property Damage Payments
- Insured has Burden to Reject Higher Uninsured Motorist Coverage but Insurer is not Responsible to Make Offer of Higher Limits
- Focus of Insurance Policy that has a Criminal Act Exclusion is on Whether the Consequences of Insured’s Criminal Act are Reasonably Expected
- Use of “Four Corners” Approach to Review Multiple Facultative Reinsurance Contracts for Ambiguities
- Insurer who Wrongfully Denies Coverage is Estopped from Raising Policy Defense to Coverage
- Trial De Novo is Inherent Remedy and Proper Method to Resolve Rejection of Arbitration Awards when No Policy Provision with Explicit Language Exists
- Insurer Has Duty to Defend when Insurance Contract May Possibly Cover Alleged Source of Liability
- Insurance Company Entitled to have Counsel Represent its Own Interests and Those of its Insured as Long as Their Interests are Aligned
- Underinsured Motorist Coverage and Rental Car Agencies
- Determination of whether Settlement is Collusive in Case Involving Unsolicited Fax Advertisements
- Employee Using Vechicle Pursuant to Terms of Employer’s Insurance Policy is Insured for Liability and UIM Coverages
- Trial Court Retains Discretion to Dismiss an Action if another Action is Pending between the Same Parties for Same Cause
- “Resident” Defined to Determine whether Incident Covered under Homeowner’s Policy
- Theft by Deception Committed when Buyer Obtains Vehicle by Misrepresenting Himself and Paying for Vehicle with Fraudulent Check
- Insurance for Independent Contractor Who Entered into Owner Operator Contract with a Common Carrier
- Duty to Defend Underlying Complaint to Satisfy “Unexpected” and “Unintentional” Element within Definition of “Wrongful Act”
- Burden of Proof is on Insured to Prove its Claim Falls within Coverage of Insurance Policy
- Insurer has Burden of Showing that Insurer’s Actions Fall within the Ambiguous Policy Exclusion
- Notice Provision is Condition Precedent to Triggering Insurer’s Contractual Duties, Rather than an Exclusionary Provision
- Stacking Allowed when Policies at Issue are not Written to Preclude it under Certain Set of Facts
- Insurer has no Duty to Defend since no Alleged “Bodily Injury” caused by an Accident or “Occurrence”
- Court Errs in Determining Underinsured Motorist Coverage
- Insurer does not Waive Contractual Limitation Period Provision within Homeowners Policy when Insurer Denies Liability
- Insurer Estopped from Asserting Policy Defenses to Coverage under General Liability Insurance Policy
- Equitable Tolling not Applied to Toll the Statute of Limitations
- Interpretation of an Insurance Policy when there is a Conflict over which State Law Applies
- Collateral Source Rule not Applied to Plaintiff Seeking Credit for Payment Previously Made by his Insurer Acting on his Behalf
- Defendant’s Failure to Meet Second and Third Requirements of the Doctrine of Res Judicata Allows Plaintiff to Proceed with Small Claims Lawsuit involving Demolition
- Complaint Alleges Violations of Illinois Consumer Fraud and Deceptive Business Practices Act, Breach of Contract, and Damages for Vexatious and Unreasonable Delay in Settling Life Insurance Claim
- Choice-of-Law Determination Required only when the Moving Party has Established Actual Conflict between State Laws
- Umbrella Policy Expressly Provides Coverage for “Personal Liability” and Unambiguously Excludes Excess Coverage for Insureds’ First-Party Injuries
- “Other Insurance” Clauses are Irreconcilable and Insurers Share Cost of Defending and Indemnifying Underlying Suit
- Contingent Liability Policy does not Provide Coverage for Damages Involving Leased Truck in Fatal Automobile Accident
- Temporary Ventilation System Constitutes “Improvement to Real Property” and Four-Year Limitations Period Applied to Action
- Plaintiff’s Discovery Request Denied because Seeking Discovery as to Issues Barred from Re-Litigating by the Law of the Case Doctrine
- Reasonable Probability Standard Applies at Time of Settled Demand when the Duty to Settle Arises
- Targeted Tender Doctrine should be Narrowly Applied to Type of Factual Situations for which Originally Intended
- Permissive Passenger in a Vehicle is not an Insured and not Entitled to Underinsured Motorist Coverage under an Umbrella Policy
- Retaliatory Tax Statute Unambiguously Specifies that Income-Tax Component of Retaliatory Tax is Income Tax Accrued
- Insurance Company’s Duty to Defend or Indemnify when Determining Permission of Use of Vehicle
- Reduction not Expressly Permitted for Underinsured Motorist Benefits Recovered under Bodily Injury Coverage on Fully Insured Vehicle
- Definition of “Spouse” under Personal Automobile Insurance Policy is Clear and Unambiguous
- Insured’s Professional Services Provided to Third Party Triggers Duty to Defend by Insurer
- Vacating Order of Default and Judgment
- Is Insurer Estopped from Asserting Coverage Defenses if it Undertakes Defense of its Insured?
- Statute of Repose Unambiguously Applies to Claims Brought Against Attorney Arising Out of Actions or Omissions in Performance of Professional Services
- Unambiguous Terms of Insured’s Policy Exclude Coverage for Insured’s Loss
- Drone Insurance Coverage Highlights
- Vexatious Delay in Settling Claim is Required to be Based Upon Insured’s Refusal to Settle Claim
- “Excess” Clauses Cancel Each Other Out when Two Primary Policies Contain “Other Insurance” Clauses and Any Loss is Prorated Equally Between the Two Providers
- Anti-Stacking Provision Upheld Unless it is Ambiguous
- Insured’s Written Notice Given within Reasonable Time does not Violate Notice Provision
- Set-off Provisions are not Contrary to Public Policy Even When there is no Danger of Double Recovery
- Ambiguous Provision in Insurance Policy Construed in Favor of Coverage for Policyholder
- Insured Debarred from Rejecting Arbitration Award Since Failed to Appear at Arbitration Hearing
- Corporate Fiduciary Act Tolls Contractual Termination Provision of Financial Institution Crime Bond Insurance Policy
- Clear and Unambiguous Insurance Policy Terms are Enforced as Written unless Doing So Violates Public Policy
- Shifting Responsibility for Independent Acts of Negligence under Terms of Subcontract is Prohibited under the Construction Contract Indemnification for Negligence Act
- Term “the Insured” in an Insurance Policy may Refer to a Named Insured or an Additional Insured
- Rental Exclusion of “Bob-Tail” Insurance Policy
- Insurer has no Duty to Defend or Indemnify Bar Owners in Complaint Seeking to Impose Liability for Failure to Provide Adequate Security not Related to Selling, Serving or Furnishing of Alcohol
- Underlying Construction Negligence Complaint Alleges Additional Insured’s Sole Negligence as Cause of Employee’s Injury
- Parol Evidence is not Necessary to Determine Meaning of Unambiguous Employment Contracts
- Any Person Required to be Licensed to Sell, Solicit, or Negotiate Insurance has Duty to Exercise Ordinary Care in Procuring Insurance
- Insurer Must Defend Party Who is Additional Insured under Policy
- Insureds’ Submission of Signed Sworn Proof of Loss Triggers Tolling Period to File Suit against Insurer
- Plaintiff Prohibited from Recovering Personal Injury Damages Against Insurer Prior to Obtaining Judgment Against Insurer
- Uninsured Motorist Coverage not Provided Absent of Physical Contact with a Hit-and-Run Vehicle
- Owner’s Duty to Insure Property on Behalf of Non-Occupying Common Tenants and Sharing of Insurance Proceeds
- Conditional Judgment is Proper and Within Bounds of Substantial Justice
- Insurance Company Representative’s Duty to Inform Insured about Changes in Renewal Policy
- Insurable Interest at Time the Policy is Issued and at the Time of Loss are Essential to the Validity of Insurance Policy
- Duty to Defend a Liquidating Trust Created in Bankruptcy Proceedings
- Insurer Not Entitled to Recoup Money Based on Equitable Subrogation or Horizontal Exhaustion Against a Self-Insured Municipality
- Automobile Insurance Policy does not Unambiguously Exclude Coverage for Unlicensed Drivers
- Duty to Defend Exists when Concurrent Insurance Policies Contain Excess Insurance Coverage Clauses
- Alleged Defective or Faulty Workmanship does not Allege Property Damage under Commercial General Liability Policy
- Pollution Exclusion in Comprehensive General Liability Insurance Policy Applies to Environmental Contamination Situations
- Allegations Regarding Negligent Maintenance or Use of a Part of One’s Automobile are Rephrased Allegations Regarding Negligent Maintenance or Use of Automobile Itself
- Insurer’s Refusal to Defend Underlying Lawsuit Due to Unambiguous Identification of Facts in Complaint
- Doctrine of Targeted Tender and “Other Insurance” Excess Provision
- No Duty to Defend if Underlying Complaint does not Allege Injury Potentially Falling within Policy Coverage
- Manufactured Product Potentially Causing Bodily Injury does not Allege Claim of Actual Bodily Injury and does not Provide Coverage
- Permissive Passenger and Permissive Driver Treated as Insureds for Liability Coverage in Under-Insured Motorist Insurance Policy
- Automobile Exclusion Applied to Parade Float Injury
- Lawful for Insurance Carriers to Employ Attorneys or Law Firms to Defend their Policyholders
- Proper Notice to Governmental Agency for Effective Cancellation of Insurance Policy
- Collateral Estoppel will not Prevent Insured from Denying Duty to Defend or Indemnify Based on Intentional Act Exclusion When Only Issue is Whether Insured is Negligent
- No Duty to Defend Separate Certificate of Insurance or Policy if Additional Insured Not Listed
- Negligent Misrepresentation Claim not Necessarily Excluded from Homeowner’s General Liability Coverage if Insured did not Expect or Intend Injury
- Tenant is Co-Insured under Insurance Policy for Commercial and Residential Leases
- Protection from Unsolicited Advertisements fall under “Advertising Injury” Provision
- Insurer Defends Malicious Prosecution Claim under Homeowner’s Policy
- Plaintiff in Personal Injury Suit can only Recover under Automobile Insurance Policy Covering Automobile in Accident
- “Sole Negligence of Additional Insured” does not Negate Insured’s Duty to Defend under a General Commercial Liability Policy
- Exclusion of Coverage for Intentional or Expected Injuries under General Commercial Liability Policy
- Test-Driver of Car is “Customer” of Auto Dealership
- Showing of Prejudice not Required when Insured’s Notice to Insurer is Unreasonably and Inexcusably Late
- Expected Injuries Reasonably Anticipated by Insured
- Allegations of Complaint Comprising One Claim within Terms of Policy for Additional Insureds is Potential Liability for Insurer’s Duty to Defend
- Application of False Pretense Exclusion in Business Protection Policy
- Duty to Defend Arises with “Occurrence”
- Prior Publication Exclusion Abrogates Duty to Defend
- Insurance Policy’s Unambiguous Definition of “Insured” Interpreted Under Plain and Ordinary Meaning of Policy Terms
- Denied Coverage under Motor Vehicle Exclusion of Homeowner’s Policy
- Omnibus Provisions in Automobile Insurance Policies do not Apply to Rental Vehicles and to Named Insured’s Owned Vehicles
- Third-Party “Resident” Coverage under Homeowners Insurance Policy
- Coverage Denied under “Intentional Acts” and “Concealment of Fraud” Policy Provisions
- Claims Alleging a Common Plan and Conscious Disregard of Injury that Caused an Expected Result do not Fall within Definition of “Occurrence”
- Inclusion of Discretion-Granting Language in Rider is Sufficient to Put Policyholder on Notice
- Insurer May Seek a Declaratory Judgment or Defend a Suit Against Insured Under a Reservation of Rights
- Underinsured Coverage Anti-Stacking Provision does not Preclude Aggregation of Multiple Policies but Limits Total Coverage Set Forth in Single Policy with Highest Limit
- Negligent Supervision of Vehicle Ruled Sole Proximate Cause of Injury
- Arbitrator’s Authority to Reconsider Award
- Franchisee’s Liability Insurer’s Duty to Defend Franchisors Against Action Brought by Injured Patron
- Insured’s Unreasonable Notice of a Suit to Excess Insurer Deprives Insurer to Participate in Defense
- Collateral Source Rule
- Arbitrator’s Final Award Addresses Whether All Installment Payments Due Under Share Purchase Agreement
- Workers’ Compensation Act Does Not Require Borrowing Employer to Provide Insurance when Employee Leasing Company Provided Insurance
- Named-Driver Exclusion in Automobile Liability Insurance Policy is Enforceable
- Blanket Exclusion in Automobile Policy for Insured Vehicle
- Additional Uninsured Motor Vehicle Coverage Limits and Requirements
- “Hit-and-Run” Vehicle Provisions for Uninsured Motor Vehicle Claim
- Driver’s Actions Must Conform to Typical Use of Automobile and is Key to Determining Automobile Liability Insurance Coverage
- Guardian’s Potential Liability for Injury to Property of Ward’s Estate Gives Guardian an Insurable Interest in Property
- Insurer’s Intervention in Review Proceeding
- “Other Insurance” Provisions Contained in Similar Multiple Primary Policies
- Subcontractor’s Breach of Duty to Notify Insurer Does Not Bar Coverage for Contractor
- Vague Use of Term “Damages” Does Not Trigger Duty to Defend
- Application of Rule 298 to Sue or Defend as Indigent Person
- Scope of Insurance Policy Coverage for Personal Injury Claim
- Attorney’s Disclosure of Dissatisfied Clients to Prospective Insurer when Applying for Claims-Made Malpractice Insurance Policy
- Admission of Error in Policyholder’s Legal Malpractice Claim without Insurance Company’s Approval and Company’s Right to Deny Coverage and not Defend Malpractice Suit
- Insurer’s Duty to Defend Policy Coverage for Contamination Caused by Landfill
- “Other Insurance” Clause and Responsibility for Post-Judgment Interest
- Insurable Interest in Building under Contract to be Demolished
- Catholic Religious Order Insured for Losses that Resulted from Molestation
- Eviction and Insurer’s Duty to Defend
- Material Misrepresentation Sufficient to Void Insurance Policy
- Insurance Claim File protected under Work Product Doctrine
- Duty to Defend for Defamatory Conduct
- Vexatious and Unreasonable Refusal to Tender Uninsured Benefits
- Claim Denial and Tolling the Statute of Limitations
- Revocation of Insurance Producer License
- Under the Policy the Debris Removal Limit did not go Beyond Coverage in Excess of Policy Limit
- Aggregate or Stack Coverage
- A Single Occurence under CGL Policy
- Recovering Replacement Costs of Damaged Property
- Duty to Defend against Insured: Pursuant to an Exclusion of Acts by Insured for any Business Entity in which Insured has a Controlling Interest
- Court Dismissal of a Cause of Action after 18 Months without Action
- Duty to Defend Against Claim for Defamation
- UIM Coverage is not Limited to Named Insureds riding in Covered Autos
- How an Insurance Company Should Treat a Payment made After Cancellation that Insurer used in Its Notice is a Jury Question
- Policy Limitation Clause Does not Violate Public Policy
- Insurer Merely Retaining an Attorney is not Sufficient to Satisfy a Duty to Defend
- Permitted Users Clause and the Duty to Defend
- Insurance Reduction Required under The Guaranty Fund Act
- 735 ILCS 13-217 and Timeliness of a Claim
- Terms Found Only In Headings Cannot Exclude Coverage
- Exclusion of Intentional Acts
- Reasonable Definition of Damages
- Setoffs For Settlements Between Parties and For Insurers
- The Illinois Guaranty Fund and Liability Under the Dramshop Act
- “Business Pursuits” Coverage Exclusion
- Right to Tender a Defense
- Estopped from Escaping Liability
- Triggering Coverage
- Leased Employees and Workers’ Compensation Insurance
- Late Notice and Five Factor Test
- Primary Jurisdiction: IWCC versus the Courts
- Rescinding Insurance Policies
- Arbitration Award Trumps Voluntary Dismissal
- The Issue of Coverage is not for Arbitration
- Lack of Insurance Coverage under an Absolute Pollution Exclusion
- No Insurance Coverage to Remove Damaged Tree
- Contesting Insurance Coverage Based on Employee Exculsion
- Excess Clauses in Conflict Cancel Each Other Out
- Definition of the term “Use”
- Exclusion Barring Coverage
- Duty to Defend and Estoppel
- Duty to Defend and Indemnify
- Policy Cancellation and Account Credit
- Bad Faith in Settlement
- Arbitration and Discovery
- Burden of Proof Falls on Insured
- No Coverage While Not Engaged In Business
- Common Fund Doctrine and Attorneys Fees
- Duty to Defend Permitted Drivers
- No Coverage Outside Policy Period
- Repair Costs Are Materially Relevant
- An Insurer May Waive its Right to Enforce Cancellation of a Policy
- Notice Required by Insurer
- Duty to Defend and Exclusions
- Contribution Act
- When an Additional Insured is Necessary Under Commercial General Liability Insurance
- An insurance policy that clearly defines “contractor” as including property owners will be given full effect.
- Timely Notice of an Insurance Claim
- Business Income Provision
- Notice is required to a policyholder only when the alteration affects coverage
- Spoliation of Evidence
- An Arbitration Award Must Be Vacated When an Arbitrator Exceeds Their Authority
- When construing an insurance policy, the Court must give effect to the intentions of the parties
- New Illinois Act Mandates Settlement of Claims With Strict Time Limits
- Vexatious Delay in Payment of an Arbitration Award
- Mere notice of a claim may not be sufficient to avoid a limitations bar
- “Courts do not worry about conflict of laws unless the parties disagree on which state’s law applies”.
- Worker’s Compensation Policy Covering Uninsured Motorists
- No Consent is Required by the Insurer When an Insured Validly Assigns its Rights After a Loss
- Statutes of Limitations and Public Policy
- Common Fund Doctrine
- In order to obtain coverage under an additional insured endorsement, more than an incidental connection with leased premises is required.
- Notice of Circumstance
- Landlord and Tenant Relationship with a Fire Insurance Policy
- Are Construction Defects Constituted as “Property Damage” or an “Occurence”?
- Motorcycle Coverage Policies
- The Flood Act Does Not Bar a Common Law Negligence Claim Crought by a Borrower Against a Third Party Flood Determiner.
- An Agent and Principal Are Not Generally Considered in Privity Unless the Prior Matter Concerned a Matter Within the Agency
- “Expected or Intended Injury” and “Pollution” Exlusions
- Insurance Companies Cannot Rescind Auto Policies Once They Have Been In Effect for One Policy Term
- Court Discusses Calculation of Under Insured Motorist Benefits
- Workers’ compensation claims under section 537.2 of the Illinois Insurance Code
- Trial Awards Distribution Method
- Supreme Court Rules About Rejecting an Arbitrator’s Award Will Trump Section 2-1009 of the Illinois Code of Civil Procedure Governing Voluntary Dismissal.
- Anti-Stacking Provision Will be Upheld Unless it is Ambiguous
- In A Contract, An Ambiguous Term is Construed Against the Drafter
- If A Mistake Occurs Regarding Coverage of A Policy, The Policy Will Be Construed Consistent With The Intention of The Parties
- There Is No Duty to Defend If the Alleged Facts Do Not Fall Under the Coverage of the Insurance Policy
- Chicago Attorney, David J. Roe, Suggest That an Insurance Policy Be Read As A Whole
- A Cause of Action Alleging Vexatious Delay In Settling A Claim is Required to Be Based Upon The Insured’s Refusal to Settle a Claim
- Equitable Contribution
- Double Liability & Conflicting Claims
- Illinois Attorney David Roe Looks at When an Insurer Cannot Move Forward With a Subrogation Claim.
- The Insurer Has A Duty to Settle Where There Could Be Liability In Excess of The Policy Limits
- Insurance Carriers Employ Attorneys or Law Firms to Defend Their Policyholders
- Chicago Attorney, David Roe, Discusses If Insurance Providers Can Discharge its Duty to Defend
- Whether a Parade Float Should Be Considered a Trailer
- Is Notice Sufficient?
- Accidental/Intentional Acts By the Insured
- When a Premium Finance Company Cancels an Insurance Policy
- An Insured is In Possessory Control of Guests’ Property When it Fully Controls the Security Arrangements for the Property
- Setoff Provisions
- Illinois Insurance Attorney Looks at How A Lengthy Delay in Providing Notice is Not Always an Absolute Bar to Coverage
- Ambiguous Provisions in a Policy
- Double Recovery
- Until Liability or Damages Are Determined, Any Declaration of Coverage or Policy Limits Would Be Advisory
- Within the Policy’s Coverage, Is There a Duty to Defend?
- When the underlying lawsuit alleges facts that may be covered under the insurance policy, the insurer has a duty to defend and provide coverage even if the suit is groundless or fraudulent
- Catastrophic Crayons
- The Insured Bears the Burden
- Breach of Insurance Cooperation
- Insurance Policies Containing “Other Insurance” Clauses
- An Insurer’s Duty to Defend Accidents on Uninsured Premises
- Parties Are Only Bound By Arbitration Decisions for Issues They Have Agreed to Arbitrate
- Parties Choose the Law to Apply
- Fraudulent Activity Exclusions Eliminate Insurer’s Duty to Defend
- Determining an Innkeepers Possessory Control of Guest property
- Read Your Malpractice Policy and Save Your Assets
- Illinois Attorney Fee Recovery
- Insurer Waives Issue of Claimant’s Misrepresentation
- Bicycle Is Not An Uninsured Motor Vehicle Under A Car Insurance Policy
- False Statements On An Insurance Application Can Lead To A Canceled Policy
- Illinois Statute Now Requires Equal Insurance Coverage For Drivers
- Lower-tiered excess insurer owes duty to a higher-tiered excess insurer
- Car Insurance Reduced When Driven By Non-Family Member
- Defending The Premature Declartory Action Motion
- Additional Insureds and Claims “Arising out of” the Named Insured’s Negligence
- Insurance Targeted Tenders as Applied to Car Insurance
- Rental Car Contracts Sometimes Contain Void Insurance Clauses
- An Insured Controls Which Policy is Targeted and Triggered
- Reducing Business Costs Through A Selective Tender
- Rental Car Insurance Can Shift Depending On The Election Of The Renter
- Car Insurance Limits Raised Due To Ineffective Rejection of UM Coverage
- Insurance Companies Must Offer Uninsured and Underinsured Motorist Coverage
- The Voiding Of A Policy For Misrepresentation Is Controlled By The Insurance Code
- Car Renters Allowed To Shift Insurance Coverage
- Targeted Tenders To Reduce Business Costs
- Fax Blasting Covered Under A Commercial Liability Policy
