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Category Archives: Insurance

Be Careful What You Say: Insurer Estopped from Asserting Coverage Defenses Based on Agent’s Representations

January 16, 2018

We all say things we regret. But sometimes, those things we say can be used against us. The same goes for insurance companies. So held the Illinois Appellate Court, Second District, in its recent unpublished decision in Country Preferred Ins. Co. v. Badri-Monaghan, 2017 IL App (2d) 170134-U. The court started the year with a […]

Illinois Insurance Law: Discovery of an Insurance Company’s Handling of Prior, Unrelated Claims

April 5, 2017

In insurance coverage litigation, does an insurance company have to identify and produce documents regarding the company’s handling of prior unrelated claims? Insurance companies often object to such requests on the grounds that they are irrelevant, overly broad, unduly burdensome, and even protected by a privilege. In the Illinois Appellate Court Fifth District’s recent decision […]

Illinois Appellate Court Finds Insured’s Consumer Fraud Act Claim Not Preempted by the Illinois Insurance Code

February 22, 2013

In Burress-Taylor v. American Security Insurance Company, 2012 IL App (1st) 110554 (Cook Co. 5th Div.) (October 26, 2012), an Illinois appellate court recently reversed the dismissal of an insured’s complaint against her insurance company for alleged violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (“Consumer Fraud Act”) (815 ILCS 505/1 et […]