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Articles Posted in Insurance Claims

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Illinois Appellate Court Finds in Favor of Insurance Company in Failure to Settle Case

In a case that involved a “duty to settle” claim, the Illinois Appellate Court affirmed a decision dismissing a claim made by the insured, Randy Powell against his auto insurance company, American Service Insurance Co. (ASI).  It was alleged in the lawsuit by Randy Powell that Katie Linares broadsided his…

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Jury Returns a $467,000 Jury Verdict Blaming Broker for Insurer’s Denial of Coverage

James Werner, who was also the defendant in this case, was the insurer producer for Office Furnishings Ltd. and Brathan Property LLC. Brathan Property owned a commercial building at 725 S. 25th Avenue in Bellwood, Ill., where Office Furnishings maintained a warehouse for its office furniture business.  Werner obtained insurance…

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Illinois Appellate Court Reverses Cook County Circuit Court on Underinsured Motorist Compensation Case

On Aug. 10, 2009, Dolores Trujillo was a passenger in a vehicle driven by Adam Delgado.The Delgado vehicle was involved in a collision.  Allstate Property and Casualty Insurance insured Delgado and his car.  The other car involved in the collision was insured by American Access Insurance Co. Trujillo settled her…

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$2,200,000 Jury Verdict Against Insurance Brokers Who Chose Not to Obtain Adequate Insurance Coverage for Company Purchasers

In December 2007, the plaintiffs, Brothers Future Holding LLC and Custom Gourmet Concepts LLC purchased a vacant meat packing plant located at 2684 N. 900 East Road in Ashkum, Ill.  The plaintiffs planned to use the property to start up a new custom contracting cooking company. The plaintiffs hired Assurance Agency,…

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Illinois Supreme Court Decides Public Policy Prevails Over Insurance Contract

Ana Reyes was the owner of a motor vehicle and was the sole named insured.  She purchased auto insurance from American Access Casualty Co., and  the policy specifically said there would be no liability coverage for any accident in which she was operating a motor vehicle. On Oct. 30, 2007,…

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Illinois Appellate Court Limits Recovery Where Insurance Company Goes Out of Business

Illinois law provides for losses suffered when an Illinois insurance company goes bankrupt, is liquidated or cannot meets its obligations.  The Illinois Insurance Guarantee Fund is available to step in when an insurance company fails. In this case, the Illinois Supreme Court reversed and remanded a decision written by the…

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Insurance Liability Exclusion Upheld by Chicago’s U.S. Court of Appeals

Phusion Projects Inc. manufactures and distributes the alcoholic beverage Four Loko. The product contains alcohol in addition to caffeine, guarana, taurine and wormwood. Guarana is a plant that has one of the highest concentrations of caffeine in any plant. It’s often used as a supplement to energy drinks, including this one. Taurine is an…

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Illinois Appellate Court Finds That Duty to Defend an Additional Insured May Be Based on Pleadings and Other Documents

In October 2007, John Walls suffered a work injury at I-Maxx Metalworks Inc. when “a stair stringer and/or perimeter cable protection failed.” Walls filed suit against I-Maxx, Turner Construction, Frontier Construction and against Waukegan Steel Sales. The lawsuit alleged that Waukegan Steel negligently chose not manage, operate and maintain the work…

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Insurance Company’s Restrictive Endorsement Did Not Limit Coverage in Accident; Indiana Insurance Co. v. Royce Realty

Cathy Stackhouse obtained a $4.5 million jury verdict against Lakemoor Golf Course and Royce Realty for an accident that took place on Lakemoor’s golf course. The golf course and Royce Realty were insured by Indiana Insurance Co. Royce Realty was the manager of several golf courses, shopping centers and apartment buildings. Because…

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Construction Injury Not Excluded in Insurance Policy Dispute; Atlantic Casualty Insurance Co. v. Paszko Masonry, Inc.

Atlantic Casualty Insurance Co. insured Paszko Masonry as it worked on the construction of an apartment building in Downers Grove, Ill., along with three other companies, Prince Contractors Inc., Chicago Masonry Construction and 4929 Forest LLC.. Robert Rybaltowski was an employee of the waterproofing company, Raincoat Solutions, which had submitted…

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