Asbestos Claims Constitute Multiple Occurrences Implicating Aggregate Limits The First District Appellate Court, in an opinion authored by Justice Pucinski, and joined by Justices Mason and Hyman, reversed the trial court’s issuance of summary judgment for the insurers.  The policyholder, Hennessy Industries (“Hennessy”), was the successor-in-interest to Ammco Tools Inc. (“Ammco”), a brake shoes manufacturer which incorporated asbestos.  As a result, Ammco/Hennessy is named in asbestos personal... Read More

Failure of Professional Hockey Team to Give Notice of Player Lawsuit Bars Coverage for Default Judgement An Illinois federal court, applying Illinois law, concluded that an insurer is not liable to provide coverage for a default judgment to an injured ex-Federal Hockey League player because the insurer was not given notice of the underlying lawsuit. The underlying plaintiff, Kyler Moje (“Moje”), played minor-league hockey for the Danville Dashers, a... Read More

APCIA Insurer Group Rejected for Offering Duplicative Arguments The Supreme Court of Delaware, in an order responding to an insurance trade group’s motion for leave to file an amicus curiae brief in a coverage appeal before the court, denied the trade group’s motion and rejected the brief. The court is reviewing consolidated appeals in a set of related insurance coverage disputes.  The American Property Casualty Insurance... Read More

Insurer Liable Only When There is a Clear Demand to Settle Within Limits and a Reasonable Deadline to Respond The Supreme Court of Georgia issued a unanimous decision clarifying Georgia law regarding an insurer’s duty to settle.  Reversing the Court of Appeals’ decision, the Supreme Court concluded that the insurer was entitled to summary judgment and could not be sued for failing to settle a... Read More

Neither Insurer’s Arbitration Award Against Policyholder or Her Alleged Misrepresentations Precluded Trial Court’s Bad Faith Award The Illinois First District Appellate Court, applying Illinois law, affirmed the lower court’s decision that an insured was entitled to attorney fees and penalties for its insurers’ failure to assert a bona fide defense for its denial of the insured’s claim.  The appellate court found that while the insurer... Read More

Multiple Limits of Liability Clauses Create Ambiguity and Defeat Anti-Stacking Provisions. The Illinois Fifth District Appellate Court, applying Illinois law, modified a judgement by the Circuit Court of Franklin County and held that an anti-stacking provision in an auto insurance policy did not prohibit stacking of liability limits where limitations of liability were set forth on separate pages and referenced separate sets of automobiles. ... Read More