Cray Huber Horstman Heil and VanAusdal LLC

Illinois Coverage Newsletter:
Insurance Coverage Basics Archive

	2009
	Illinois Courts Create a New Defense to Targeted Tenders Based on “Other Insurance” Policy Language
	Appeals in Illinois Coverage Litigation: What to Expect
	Potential Exceptions to Limit the Applicability of Illinois’ Targeted Tender Rule
	What Happens When an Insured Settles a Covered Claim and Then Seeks Reimbursement from Its Insurers?
	In Illinois an Insurer Can Exhaust Its Indemnity Limits and Terminate Its Defense Obligation by Settling Some Claims against Its Insured, While Leaving Other Claims Unresolved
	Fighting a Coverage Battle in Two States at the Same Time: When it Can Happen and When it Cannot
	A Quiet Revolution in Illinois’ Duty to Defend Rules
	Illinois Appellate Court Finds That Assault and Battery Allegations Can Trigger a Duty to Defend
	How Illinois Insureds Force Liability Insurers to Resolve Claims When Coverage Is in Dispute
	Illinois’ Bifurcated Bad Faith Standard
	Dealing with an Insured’s Refusal to Cooperate: What You Need to Know about the Cooperation Clause in Illinois
	Illinois Supreme Court Creates Negative Precedent on Policy Limits Issue in Double Death Case

	2008
	Rulings Suggest Possible Exceptions and Limitations to Illinois’ Targeted Tender Rule
	State and Federal Courts in Illinois: Predicting Outcomes Under “Illinois Law” Depends Upon Where Your Case is Filed
	Fresh Strategies for Hard Times: Underwriting Solutions for Some of Illinois’ Worst Insurance Rules
	Federal Interpleader Actions Filed in Indiana Allow Insurers to Deposit Limits with Court and Terminate Defense Obligation
	Escaping Estoppel Errors: If Absence of Coverage is Clear An Insurer Might Avoid Estoppel
	No “Pay and Walk” in Illinois: Insurer’s Payment of Limits Does Not Necessarily Terminate Its Duty to Defend
	Can Insurers Pay Under Reservation of Rights and Later Seek Reimbursement From Their Insureds in Illinois?
	Factors to Consider When Choosing Where to File Your Coverage Action: State Courts vs. Federal Courts in Illinois
	Appellate Court Adopts New Rule To Expand Insurers’ Duty To Defend Under Additional Insured Endorsements
	A Good Choice of Law Argument Can Save Insurers From Illinois’ Worst Coverage Rules
	Appellate Court Decision Signals Disturbing Change in Illinois Bad Faith Law
	Illinois Supreme Court Changes Rule for Determining the Scope and Meaning of Indemnification Clauses

	2007
	How to Negotiate Reasonable Rates with Conflict Counsel
	Liability Insurers Who Deny Defense Obligation Can Still Remain Involved in Suits Filed Against Their Insureds
	Insurers Are Required To Produce Claim Files In Illinois Coverage and Bad Faith Litigation
	How to Write a Bullet-Proof Reservation of Rights Letter for Claims in Illinois
	How the Targeted Tender Rule Works With Excess and Umbrella Policies
	How Quickly Must an Insurer Act to Avoid Estoppel in Illinois?
	Estoppel is Still an Active Threat to Insurers in Illinois (and Now in Indiana, Too)
	An Important Exception to the Illinois "Four Corners" Duty to Defend Rule
	Rescission As a Silver Bullet in Coverage Litigation
	Surprising Developments Affecting Insurer's Duty to Settle
	Illinois Appellate Court Modifies Anti-Drafter Rule for Cases Inovlving Sophisticated Insurers
	Illinois Supreme Court Confirms That Prejudice is Not Required for "Late Notice" Defense

	Before 2007
	Illinois Supreme Court Destroys Insurers’ Right to Recover Defense Expenses Paid Under Reservation of Rights
	Illinois’ “Bad Faith” Statute Provides Limited Extracontractual Remedies For Vexatious and Unreasonable Misconduct
	When the Terms of a Certificate and a Policy Conflict, the Description of Coverage Contained in the Certificate Sometimes Controls
	Attorney – Client Privilege Is Not Available To Insureds Who Resist Insurers’ Investigation And Requests For Information
	Emerging Loopholes in Illinois’ Estoppel Rule
	Whether An Insurer Must Pay An Insured’s Attorney Fees In Coverage Litigation Depends Upon Three Standards In Illinois
	An Insurer Loses Its Right to Select Defense Counsel Where The Underlying Complaint Creates A Conflict of Interest
	A Liability Insurer Cannot Be Forced To Pay Indemnity Above Its Limits, Unless It Is Found Guilty of Bad Faith
	A Primary Liability Insurer Does Not Discharge Its Policy Obligations By Tendering Its Indemnity Limits, Unless A Release Of The Insured Is Obtained In Return
	If An Insurer Exhausts Its Indemnity Limits By Settling On Behalf Of An Insured, It Owes No Further Duty Defend Or Indemnify As To Other Insureds
	A Primary Liability Insurer Can Be Deprived Of Its Coverage Defenses If It Sends An Incomplete Or Improper Reservation of Rights Letter
	Unreasonable Delay In An Insurer’s Response To A Tender Of Defense Can Void Its Coverage Defenses
	Where Multiple Primary Liability Policies Could Apply To A Loss, The Insured Has the Exclusive Right to Choose Which Of Those Policies Will Defend And Indemnify
	A Liability Insurer Is Estopped From Raising Coverage Defenses In Illinois Unless It Defends Under Reservation of Rights Or Files A Declaratory Judgment Action
	Tender Of Defense Is Not Required To Trigger An Insurer’s Duty To Defend

If you have questions or would like to discuss the implications of this insurance issue further, please feel free to contact James K. Horstman at Cray Huber Horstman Heil & VanAusdal LLC, 303 W. Madison, Suite 2200, Chicago IL 60606; 312-332-8494; or email jkh@crayhuber.com.

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