Illinois
Westrock CP, LLC v. Lexington Insurance Company and Indian Harbor Insurance Company
Year: 2024
Court: Appellate Court of Illinois, First Judicial District
Case Number: 1-23-1631
Issue:
  • Policy Interpretation
State:
  • Illinois

In its amicus brief, United Policyholders addresses the novel issue of when pollution conditions should be considered “related” under a pollution legal liability policy. An insured paper mill experienced two pollution “incidents” resulting from different processes at the paper mill (the pulping of paper vs.…
Hartford Fire Insurance Company v. Medline Industries, Inc. et al.
Year: 2023
Court: Appellate Court of Illinois, First Judicial District
Case Number: 1-23-0841
Issue:
  • Duty to Defend
State:
  • Illinois

In its amicus curiae brief, United Policyholders addresses the question of whether a liability insurer has a duty to defend an underlying lawsuit alleging only willful and intentional wrongdoing by an insured defendant but when liability could be established by proof of non-intentional, accidental conduct. Drawing…
Sandy Point Dental, P.C., v. The Cincinnati Ins. Co., Inc.
Year: 2021
Court: United States Court of Appeals for the Seventh Circuit
Case Number: 21-1186
Issue:
  • COVID-19
State:
  • Illinois

In its brief, UP weighs in on the uncontrolled spread of SARS-COV-2 (“coronavirus”) throughout Illinois. We argue that COVID, like a spreading wildfire, constitutes a natural disaster that insurance should cover. Businesses that were habitable and safe for their ordinary and intended use one day…
TJBC, Inc. v. The Cincinnati Ins. Co. Inc.
Year: 2021
Court: United States Court of Appeals for the Seventh Circuit
Case Number: 21-1203
Issue:
  • COVID-19
State:
  • Illinois

In its brief, UP breaks down the meaning of property in the context of COVID-19. In ascertaining the meaning of the phrase “direct physical accidental loss or damage” to property, it is critical not to minimize the significance and legal import of the word “property.” At…
Firebirds International, Inc. v. Zurich American Ins., Co.
Year: 2021
Court: Circuit Court of Cook County, Illinois, Chancery Division
Case Number: 2020-CH-05360
Issue:
  • COVID-19
State:
  • Illinois

In its brief, UP sheds light of Zurich’s attempt to deny coverage to policyholders across Illinois and North America for losses sustained as a result of the SARS-CoV-2 virus (the “Coronavirus”), the disease it causes, Coronavirus Disease 2019 (“COVID-19”) and the physical loss of or damage…
Sproull v. State Farm Fire and Casualty Co
Year: 2021
Court: Supreme Court of Illinois
Case Number: 126446
Issue:
  • Labor Depreciation
State:
  • Illinois

In its brief, UP notes that building owners purchase property insurance to protect themselves if their property is damaged by fire, hail, tornadoes, or other often catastrophic events. In the case of homeowners, adequate payment of insurance policy benefits is often what stands between them…
Big Onion Tavern Group, LLC v. Society Insurance, Inc.
Year: 2020
Court: United States District Court for the Northern District of Illinois
Case Number: 20-cv-02005
Issue:
  • COVID-19
State:
  • Illinois

In its brief, UP opposed a Motion to Dismiss a COVID-19 Business Interruption Claim by Society Insurance, Inc. UP argued that, properly construed, Society’s property policies provide coverage for the loss of property sustained by plaintiffs. UP argues that “physical loss” cannot mean the same…
AAA Disposal Systems, Inc. and BFI Waste vs. Aetna
Year: 2003
Court: Supreme Court of Illinois
Case Number:
Issue:
  • Late notice
State:
  • Illinois

Late notice; all sums; joint and several; allocation
Avery, Michael E. et al. vs. State Farm Mutual Automobile Insurance Company
Year: 2004
Court: Illinois Supreme Court
Case Number: 91494
Issue:
  • Unfair Trade Practices
State:
  • Illinois

Insurers should not be able to use after market parts when policy calls for restoring vehicle to pre-loss condition. Class actions are the most judicially efficient method of resolving such unfair practices. McCarran Ferguson does not pre-empt a state’s ability to regulate such conduct. UPdate…
Board of Education of Township High School District No. 211 vs. International Ins. Co.
Year: 1995
Court: Illinois Appellate Court, 1st District, Division 3
Case Number: 98-0084
Issue:
  • All Risk Policies
State:
  • Illinois
Benoy Motor Sales, Inc. vs. Universal Underwriters Insurance Company
Year: 1995
Court: Illinois Appellate Court, 1st District, Division 1
Case Number: 96-0536
Issue:
  • Loss Mitigation
State:
  • Illinois

Loss Mitigation; Indemnity v. Defense; PRP letters as suits
Country Mutual Ins. Co. vs. Livorsi
Year: 2005
Court: Illinois Supreme Court
Case Number: Docket No. 99807
Issue:
  • Notice-prejudice
State:
  • Illinois

Insurance company must show prejudice if it denies a claim based on late notice
Employers Insurance of Wausau vs. City of Waukegan, Illinois
Year: 1997
Court: Illinois Appellate Court, 2nd District
Case Number: 2-97-0606, 2-97-0901
Issue:
  • Duty to Defend
State:
  • Illinois

The duty to defend should be determined solely from the allegations appearing on the face of the complaint. In determining whether or not the insurance company has the duty to defend, the trial court cannot examine testimony, depositions, affidavits or other documents.
Maremont Corporation vs. Chesire, Edward William
Year: 1995
Court: Illinois Appellate Court, 1st District, Division 3
Case Number: 96-0146
Issue:
  • Pollution Exclusion and Coverages
State:
  • Illinois

Estoppel; inconsistent coverage positions; public policy; clean-up costs as damages.
West Bend Mutual Ins. Co. v. New Packing Co. Inc.
Year: 2011
Court: Appellate Court of Illinois, First Judicial District
Case Number: No. 11-1507
Issue:
  • Vacancy Exclusion
State:
  • Illinois

Insured bought a building into which it intended to move and transfer its operations. The insured promptly added the building to its existing insurance policy, effective the date of the closing. Within the first 3 weeks of ownership, the building was vandalized on 2 occasions.…