The Policy

The newsletter of the ISBA’s Section on Insurance Law

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2009 Articles

Addison Insurance Co. v. Fay: There was continuous exposure to substantially the same general harmful conditions By Patrick Frye & Christopher Mickus June 2009 The Supreme Court was resolving a contract dispute. A court is to enforce a contract according to its plain meaning, but the Supreme Court did not.
Case names and holdings December 2009 Overview of recent cases.
Case names and holdings October 2009  Case listings.
Case names and holdings June 2009 A list of the cases in this issue, arranged alphabetically.
Case names and holdings April 2009 A list of cases in this issue.
Case names and holdings March 2009 A list of cases in this issue.
Case summaries December 2009 Summaries of recent Insurance Law cases.
Case summaries October 2009 Recent cases of interest to insurance law practitioners.
Case summaries June 2009 Summaries of the cases in this issue.
Case summaries April 2009 Summaries of the cases in this issue.
Case summaries March 2009 Summaries of the cases in this issue.
Federal Financial Regulatory Reform: What it means for Insurance Companies December 2009 On June 17, 2009, the U.S. Treasury Department released the Obama Administration’s framework for financial regulatory reform.
From the Chair By Patricia A. Zimmer June 2009 An introduction to the issue from Section Chair Pat Zimmer.
From the Chair By Patricia A. Zimmer April 2009 An introduction to the issue from Chair Pat Zimmer.
From the Chair By Patricia A. Zimmer March 2009 An introduction to the issue from Chair Pat Zimmer.
From the editors By James T. Nyeste December 2009 This issue of The Policy features an article concerning the Obama Administration’s financial regulatory reform plan and a bill introduced in November by Senator Dodd (D-CT), which may have significant effects on the insurance industry generally, not just on health insurance. Much remains uncertain, but the article discusses where we may be headed.
From the editors By James T. Nyeste October 2009 As the new Managing Co-Editor of The Policy, I look forward to continuing the work performed by past Managing Co-Editor Patricia Zimmer and to bringing readers of theThe Policy timely and accurate analyses of current insurance cases. 
FTC requires nine insurers to disclose information regarding use of credit-based insurance scores April 2009 The Federal Trade Commission (FTC) on December 23, 2008 issued detailed orders to the nine largest homeowners insurers, by market share, requesting that they provide data related to the effect of credit-based insurance scores on consumers of homeowners insurance.
Illinois Supreme Court holds insurer to burden of proving that its policy limitation applies: Two deaths are not a single “occurrence” By Scott A. Blumenshine June 2009 Where insurers collect insurance premiums based on its promise to pay for unknowable future events, it is only fair that they be held to their promise and not be allowed to slink away under the cover of vague policy language and unreasonable policy interpretation.
Insurers & the Troubled Asset Relief Program March 2009 On October 3, 2008, the Emergency Economic Stabilization Act of 2008 (“EESA”) established the Troubled Asset Relief Program (“TARP”) in an effort to restore liquidity and stability to the U.S. financial system.
Two recent cases address who must be insured for UIM coverage By Kevin W. Bloese October 2009 Two recent appellate court decisions, Schultz v. Illinois Farmers Insurance Company, 387 Ill. App. 3d 622, 327 Ill. Dec. 224, 901 N.E.2d 957 (1st Dist. 2009), and DeSaga v. West Bend Mutual Insurance Company, ___ Ill. App. 3d ___, 331 Ill. Dec. 86, 910 N.E.2d 159 (3d Dist. 2009), will require that automobile insurers use a uniform definition of an “insured” for the liability, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage.