Insured need not obtain insurer consent for settlement to be covered. The Illinois Fourth District Court of Appeals held an insurer liable for a $1,739,000 settlement in a TCPA (“blast fax”) action. This case was on remand from the Illinois Supreme Court which had previously overturned the court’s original finding that TCPA damages were punitive and, thus, not insurable. The... Read More

Pennsylvania law applies and no coverage for TCPA (“blast fax”) action. The Illinois Second District Court of Appeals held that whether Maryland Casualty Company and Assurance Company of America (Zurich) must cover damages relating to a blast fax action turned on whether Pennsylvania or Illinois law applied.  Based on the court’s analysis of Pennsylvania federal court opinions, the court held... Read More

Allegation that appraisals for parent company would be given to 3rd party constitutes covered professional services. The Illinois First District Court of Appeals held that Liberty Surplus Insurance Corp. and an Ace Ltd. insurer had a duty under professional liability policies to defend two Hilco Trading LLC subsidiaries against claims that they “grossly inflated” loan collateral appraisals that underlying plaintiffs... Read More

Decision to discontinue program was “professional services.” The First District Appellate Court held that Lexington Insurance Company breached its defense and indemnity obligations with respect to a settlement Rosalind Franklin University of Medicine and Science paid in an underlying suit filed by former patients seeking compensation for the school’s decision to discontinue an experimental breast cancer vaccine program.  The court... Read More