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Fed. Dist. Ct. (IL)

No Life Insurance Benefits for Overdose The United States District Court for the Northern District of Illinois, in an opinion... Read More

W.D. WA / Lost Policies

Circumstantial Evidence Sufficient to Prove Duty to Defend and Bad Faith The United States District Court for the Western District... Read More

IL App. (1st Dist.)

Insurer Must Make Reasonable Efforts to Secure Cooperation The Appellate Court of Illinois, First District, in an opinion written by... Read More

N.J. Super. Ct.

Hostile/Warlike Action Exclusion Not Applicable to Russian Cyber Attack The Superior Court of New Jersey, applying New Jersey law, granted... Read More

IL App. (2nd Dist.)

Retro Date Applies to Bar Coverage Because Emissions Not Separate “Pollution Conditions” The Appellate Court of Illinois, Second District, in... Read More

N.D. Ill. / Broad Target Tender Rights

Policyholder May Select Which Concurrent Excess Insurer Must Pay Indemnity Post-Settlement, Summarizing Existing Liberal IL Selective Tender Rights The United... Read More

Insurance Bytes

Charlie Philbrick Joins Hoke LLC as Partner: “Charlie’s Long Record of Successful Policyholder Recoveries is a Perfect... Read More

COVID CASE TRACKER

7th Cir. Affirms Dismissal of Six Claims The United States Court of Appeals for the Seventh Circuit, applying Illinois law,... Read More


Timeline

April 2022

Fed. Dist. Ct. (IL)

No Life Insurance Benefits for Overdose The United States District Court for the Northern District of Illinois, in an opinion written by Judge Rowland, applying federal law, held that a decedent’s lethal overdose of cocaine and fentanyl did not trigger coverage under an Accidental Death & Dismemberment (“AD&D”) provision in an employee health plan. Specifically, the District Court found that the decedent’s parents could not recoup $50,000 for their son’s death under AD&D coverage because his lethal overdose was not [...]

W.D. WA / Lost Policies

Circumstantial Evidence Sufficient to Prove Duty to Defend and Bad Faith The United States District Court for the Western District of Washington, applying Washington law, held that a “clear and convincing” standard for establishing the material terms of a lost insurance policy can be met by strong circumstantial evidence. Additionally, the District Court held that the insurer’s refusal to defend the insured was in bad faith. The underlying litigation, alleging bodily injury due to alleged asbestos exposure in the 1970s and [...]


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Fed. Dist. Ct. (IL)

No Life Insurance Benefits for Overdose The United States District Court for the Northern District of Illinois, in an opinion written by Judge Rowland, applying federal law, held that a decedent’s lethal overdose of cocaine and fentanyl did not trigger coverage under an Accidental Death & Dismemberment (“AD&D”) provision in an employee health plan. Specifically, the District Court found that the decedent’s parents could not recoup $50,000 for their son’s death under AD&D coverage because his lethal overdose was not [...]

W.D. WA / Lost Policies

Circumstantial Evidence Sufficient to Prove Duty to Defend and Bad Faith The United States District Court for the Western District of Washington, applying Washington law, held that a “clear and convincing” standard for establishing the material terms of a lost insurance policy can be met by strong circumstantial evidence. Additionally, the District Court held that the insurer’s refusal to defend the insured was in bad faith. The underlying litigation, alleging bodily injury due to alleged asbestos exposure in the 1970s and [...]

IL App. (1st Dist.)

Insurer Must Make Reasonable Efforts to Secure Cooperation The Appellate Court of Illinois, First District, in an opinion written by Justice Gordon, applying Illinois law, held that an insurer had not adequately demonstrated that it had made reasonable efforts to secure the cooperation of the insured regarding its investigation into a workers compensation claim. As such, the Appellate Court reversed the Circuit Court’s award of summary judgment in favor of the insurer. The insured, Under Construction and Remodeling, Inc. (“Under Construction”), [...]


Medium

Fed. Dist. Ct. (IL)

No Life Insurance Benefits for Overdose The United States District Court for the Northern District of Illinois, in an opinion written by Judge Rowland, applying federal law, held that a decedent’s lethal overdose of cocaine and fentanyl did not trigger coverage under an Accidental Death & Dismemberment (“AD&D”) provision in an employee health plan. Specifically, the District Court found that the decedent’s parents could not recoup $50,000 for their son’s death under AD&D coverage because his lethal overdose was not [...]

W.D. WA / Lost Policies

Circumstantial Evidence Sufficient to Prove Duty to Defend and Bad Faith The United States District Court for the Western District of Washington, applying Washington law, held that a “clear and convincing” standard for establishing the material terms of a lost insurance policy can be met by strong circumstantial evidence. Additionally, the District Court held that the insurer’s refusal to defend the insured was in bad faith. The underlying litigation, alleging bodily injury due to alleged asbestos exposure in the 1970s and [...]


Large

Fed. Dist. Ct. (IL)

No Life Insurance Benefits for Overdose The United States District Court for the Northern District of Illinois, in an opinion written by Judge Rowland, applying federal law, held that a decedent’s lethal overdose of cocaine and fentanyl did not trigger coverage under an Accidental Death & Dismemberment (“AD&D”) provision in an employee health plan. Specifically, the District Court found that the decedent’s parents could not recoup $50,000 for their son’s death under AD&D coverage because his lethal overdose was not [...]

W.D. WA / Lost Policies

Circumstantial Evidence Sufficient to Prove Duty to Defend and Bad Faith The United States District Court for the Western District of Washington, applying Washington law, held that a “clear and convincing” standard for establishing the material terms of a lost insurance policy can be met by strong circumstantial evidence. Additionally, the District Court held that the insurer’s refusal to defend the insured was in bad faith. The underlying litigation, alleging bodily injury due to alleged asbestos exposure in the 1970s and [...]


Large Alt

Fed. Dist. Ct. (IL)

No Life Insurance Benefits for Overdose The United States District Court for the Northern District of Illinois, in an opinion written by Judge Rowland, applying federal law, held that a decedent’s lethal overdose of cocaine and fentanyl did not trigger coverage under an Accidental Death & Dismemberment (“AD&D”) provision in an employee health plan. Specifically, the District Court found that the decedent’s parents could not recoup $50,000 for their son’s death under AD&D coverage because his lethal overdose was not [...]

W.D. WA / Lost Policies

Circumstantial Evidence Sufficient to Prove Duty to Defend and Bad Faith The United States District Court for the Western District of Washington, applying Washington law, held that a “clear and convincing” standard for establishing the material terms of a lost insurance policy can be met by strong circumstantial evidence. Additionally, the District Court held that the insurer’s refusal to defend the insured was in bad faith. The underlying litigation, alleging bodily injury due to alleged asbestos exposure in the 1970s and [...]


Full

Fed. Dist. Ct. (IL)

No Life Insurance Benefits for Overdose The United States District Court for the Northern District of Illinois, in an opinion written by Judge Rowland, applying federal law, held that a decedent’s lethal overdose of cocaine and fentanyl did not trigger coverage under an Accidental Death & Dismemberment (“AD&D”) provision in an employee health plan. Specifically, the District Court found that the decedent’s parents could not recoup $50,000 for their son’s death under AD&D coverage because his lethal overdose was not [...]

W.D. WA / Lost Policies

Circumstantial Evidence Sufficient to Prove Duty to Defend and Bad Faith The United States District Court for the Western District of Washington, applying Washington law, held that a “clear and convincing” standard for establishing the material terms of a lost insurance policy can be met by strong circumstantial evidence. Additionally, the District Court held that the insurer’s refusal to defend the insured was in bad faith. The underlying litigation, alleging bodily injury due to alleged asbestos exposure in the 1970s and [...]