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Reminder Why Injured Claimants Must be Named in Declaratory Judgment Complaint

In Direct Auto Insurance Company v. Bahena, et al., 2019 IL App (1st) 172918, the Illinois Appellate Court sifted through a procedural nightmare in order to get to the very sensical conclusion that “It cannot be the case that...more

Breaching the Duty to Defend: Remedy for Recovering Peace of Mind

Given the American Law Institute’s recent discussion at its May 2015 meeting, regarding Preliminary Draft No. 1 of the Restatement on Liability Insurance, Chapter 2, Sections 20 and 21, I would like to add my voice to those...more

Insurer Failure to Pay Defense Costs Excused by Insured Failure to Prove-Up Fees

In Country Mut. Ins. Co. v. Hilltop View, LLC, 2014 IL App (4th) 140007, the appellate court reversed the trial court’s order of contempt against the insurer, arising from the insurer’s failure to pay the defense costs the...more

Finding Insurance Coverage for Consumer Products Class Action Complaints

Consumer class action claims are a familiar tool for addressing dissatisfaction with a defective product. Given that one of the goals of a consumer class action claim is to recover damages for the claimants, triggering...more

State Farm’s Relentless Pursuit to Deny Coverage for TCPA Cases

As policyholder lawyers, one can usually count on a few basic mistakes that insurers will make. First, they wrongfully deny coverage and fail to defend. They abandon their insured who is then left to its own devices to...more

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