1999 Articles

1998 Index June 1999 This 1998 Index of The Policy is A SUPPLMENT to the previously published Twelve-Year Index.

Advertising injury liability insurance December 1999 MITA Enterprises filed a suit charging two of its former sales representatives with taking copies of customer lists and using them to solicit business for Wisconsin Wholesale Tire.

Agent/broker: fiduciary duty March 1999 Insured's failure to read and understand terms of policy is not an absolute bar to insured's right to recover against broker for breach of fiduciary duty.

Alphabetical listing of cases October 1999 In Re Liquidation of InterAmerican Insurance Company of Illinois

Alphabetical listing of cases June 1999 Allstate Insurance Company v. Mathis, 302 Ill.App.3d 1027, 706 N.E.2d 893, 236 Ill. Dec. 19 (3rd dist. 1999) EXCLUSIONS: BUSINESS ACTIVITIES (1124)

Alphabetical listing of cases March 1999 Adco Oil Company; The Home Insurance Company of Illinois v. American Alliance Insurance Company v. IARW Insurance Company, Ltd., ___ F.3d ___ (7th Cir. 1999) FIRE INSURANCE: TIME LIMITATION (1099)

Alphabetical listing of cases January 1999 Allstate Insurance Company; Hines v.Allstate Insurance Company; John Deere Insurance Company v.

Arbitration March 1999 Statutory requirement for uninsured motorist arbitration cannot be waived or stipulated away.

Assistance and cooperation June 1999 Owner's and general contractor's failure to tender defenses to their own liability insurers was not breach of cooperation clause under subcontractor's CGL policy naming them additional insureds.

Bad faith: statutory January 1999 Insurer's delay in settling uninsured motorist claim was vexatious and unreasonable under section 155 of Illinois Insurance Code.

Cancellation: notice of March 1999 Insurer must maintain proof mailing as set forth in Insurance Code in order for cancellation to be effective.

Certificate of insurance January 1999 Insured may not rely on representations in certificate.

Cites from June 1999 issue October 1999 American Family Mutual Insurance Company v. Hinde, 302 Ill.App.3d 227, 705 N.E.2d 956, 235 Ill. Dec. 773 (2nd dist. 1999)

Cites from March 1999 issue June 1999 American Alliance Insurance Company v. IARW Insurance Company, Ltd., 165 F.3d 558 (7th Cir. 1999)

Claims-made policy October 1999 The 1991, Aetna issued a claims made pension and welfare fund fiduciary responsibility insurance policy to the Allsteel Retirement Income Plan with a policy period of December 31, 1991 to December 31, 1992.

Collateral estoppel June 1999 Insurer that defended insured in underlying action without reservation of rights was collaterally estopped from relitigating issue of insured's liability in subsequent arbitration.

Declaratory judgment: procedure March 1999 Mary A. Marshall was involved in an automobile accident with Lucas D. Weller. Weller was driving a vehicle owned by Catherine S. Dillard and insured by Western States Insurance Company.

Declaratory judgment: timing December 1999 After insured was found guilty of murder, administrator of victims' estate sued insured for wrongfully causing the death.

Declaratory judgment: timing June 1999 Duty of indemnification ripe for consideration only when insured has incurred liability in underlying claim.

Declaratory judgment: timing January 1999 A declaratory judgment brought to determine an insurance policy's limits of liability is premature prior to a finding of liability.

Definitions: arising out of the ownership, maintenance or use October 1999 Steven Pfiel stabbed Hillary Norskog to death in a forest preserve while both were seated in his mother's automobile.

Definitions: arising out of the ownership, maintenance or use June 1999 "Resulting from" is synonymous with the phrases "arising out of," "connected with," "originating from," "growing out of," and "flowing from," and is broadly construed.

Definitions: covered automobile January 1999 Truck rented by employee at employer's request qualifies as a "borrowed" auto.

Duty to defend: additional insured October 1999 Alcan United, Inc. (Alcan) entered into a subcontract agreement with Gateway Concrete Forming Systems, Inc. (Gateway), whereby Gateway was to perform subcontracting work for Alcan.

Duty to defend: additional insured June 1999 Injury to employee of subcontractor arose out of subcontractor's work as a matter of law.

Duty to defend: additional insured January 1999 Contractor not covered where subcontractor not named as a defendant.

Duty to defend: conflict of interest December 1999 Louis Hankins d/b/a Louie's Cartage Company (Hankins), brought suit against its insurer, Pekin Insurance Company, seeking a declaration of coverage. Hankins, a trucking terminal, sought coverage for claims for contribution, indemnification and breach of contract to procure insurance brought by Rudolf Express Company (Rudolf), a motor freight carrier.

Duty to defend: conflict of interest June 1999 Insurer could no longer control the insured's legal representation once insured and insurer became antagonists because of insured's bad faith claim against insurer.

Duty to defend: estoppel December 1999 State Farm's insured, Gregory Martin, was found guilty in a criminal proceeding for his involvement in setting fire to a building which he owned.

Duty to defend: estoppel October 1999 Edward Hines Lumber Company operated lumber treatment facilities at sites in Arkansas and Wyoming. In March of 1982, the United States Environmental Protection Agency ("EPA") wrote Hines a letter, advising Hines that it may be a potentially responsible party ("PRP") in connection with contamination at the Arkansas site