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September 2023
Ill. App. 1st Dist. / Bad Faith
Section 155 is a Fee-Shifting Provision – Not a Stand-Alone Cause of Action The Appellate Court of Illinois for the First District, in an opinion by Justice Van Tine applying Illinois law, affirmed the trial court’s holding that the plaintiff, Moles, was not entitled to relief for bad faith under section 155 of the Illinois Insurance Code because she did not prevail on any action under her automobile insurance policy issued by Illinois Farmers Insurance Company (“Farmers”). Accordingly, the Appellate [...]
Ill. App. 1st Dist. / Pollution
Trump Towers Discharges Into Chicago River Not an “Occurrence” The Appellate Court of Illinois for the First District, in an opinion by Justice Reyes and applying Illinois law, affirmed a finding that insurers of Chicago’s Trump International Hotel & Tower (“Trump Hotel & Tower”) had no duty to defend or indemnify the hotel in an underlying lawsuit alleging the hotel’s improper operation of a cooling water intake and discharge system. The Appellate Court held the absence of an “occurrence” under [...]
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Ill. App. 1st Dist. / Bad Faith
Section 155 is a Fee-Shifting Provision – Not a Stand-Alone Cause of Action The Appellate Court of Illinois for the First District, in an opinion by Justice Van Tine applying Illinois law, affirmed the trial court’s holding that the plaintiff, Moles, was not entitled to relief for bad faith under section 155 of the Illinois Insurance Code because she did not prevail on any action under her automobile insurance policy issued by Illinois Farmers Insurance Company (“Farmers”). Accordingly, the Appellate [...]
Ill. App. 1st Dist. / Pollution
Trump Towers Discharges Into Chicago River Not an “Occurrence” The Appellate Court of Illinois for the First District, in an opinion by Justice Reyes and applying Illinois law, affirmed a finding that insurers of Chicago’s Trump International Hotel & Tower (“Trump Hotel & Tower”) had no duty to defend or indemnify the hotel in an underlying lawsuit alleging the hotel’s improper operation of a cooling water intake and discharge system. The Appellate Court held the absence of an “occurrence” under [...]
3rd Cir. / PA Law
No Coverage for Faulty Workmanship on Fracking Wells The Third Circuit, applying Pennsylvania law, held that an insurer did not have to indemnify its insured for its allegedly faulty fracking services. Ultimately, the court determined that the damage the insured caused in conducting its fracking services did not constitute an “occurrence.” In the underlying suit, U.S. Energy Development Corporation (“U.S. Energy”) sued Superior Well Services (“Superior”), alleging that Superior had damaged 97 of its wells in connection with Superior’s hydraulic fracking [...]
Medium
Ill. App. 1st Dist. / Bad Faith
Section 155 is a Fee-Shifting Provision – Not a Stand-Alone Cause of Action The Appellate Court of Illinois for the First District, in an opinion by Justice Van Tine applying Illinois law, affirmed the trial court’s holding that the plaintiff, Moles, was not entitled to relief for bad faith under section 155 of the Illinois Insurance Code because she did not prevail on any action under her automobile insurance policy issued by Illinois Farmers Insurance Company (“Farmers”). Accordingly, the Appellate [...]
Ill. App. 1st Dist. / Pollution
Trump Towers Discharges Into Chicago River Not an “Occurrence” The Appellate Court of Illinois for the First District, in an opinion by Justice Reyes and applying Illinois law, affirmed a finding that insurers of Chicago’s Trump International Hotel & Tower (“Trump Hotel & Tower”) had no duty to defend or indemnify the hotel in an underlying lawsuit alleging the hotel’s improper operation of a cooling water intake and discharge system. The Appellate Court held the absence of an “occurrence” under [...]
Large
Ill. App. 1st Dist. / Bad Faith
Section 155 is a Fee-Shifting Provision – Not a Stand-Alone Cause of Action The Appellate Court of Illinois for the First District, in an opinion by Justice Van Tine applying Illinois law, affirmed the trial court’s holding that the plaintiff, Moles, was not entitled to relief for bad faith under section 155 of the Illinois Insurance Code because she did not prevail on any action under her automobile insurance policy issued by Illinois Farmers Insurance Company (“Farmers”). Accordingly, the Appellate [...]
Ill. App. 1st Dist. / Pollution
Trump Towers Discharges Into Chicago River Not an “Occurrence” The Appellate Court of Illinois for the First District, in an opinion by Justice Reyes and applying Illinois law, affirmed a finding that insurers of Chicago’s Trump International Hotel & Tower (“Trump Hotel & Tower”) had no duty to defend or indemnify the hotel in an underlying lawsuit alleging the hotel’s improper operation of a cooling water intake and discharge system. The Appellate Court held the absence of an “occurrence” under [...]
Large Alt
Ill. App. 1st Dist. / Bad Faith
Section 155 is a Fee-Shifting Provision – Not a Stand-Alone Cause of Action The Appellate Court of Illinois for the First District, in an opinion by Justice Van Tine applying Illinois law, affirmed the trial court’s holding that the plaintiff, Moles, was not entitled to relief for bad faith under section 155 of the Illinois Insurance Code because she did not prevail on any action under her automobile insurance policy issued by Illinois Farmers Insurance Company (“Farmers”). Accordingly, the Appellate [...]
Ill. App. 1st Dist. / Pollution
Trump Towers Discharges Into Chicago River Not an “Occurrence” The Appellate Court of Illinois for the First District, in an opinion by Justice Reyes and applying Illinois law, affirmed a finding that insurers of Chicago’s Trump International Hotel & Tower (“Trump Hotel & Tower”) had no duty to defend or indemnify the hotel in an underlying lawsuit alleging the hotel’s improper operation of a cooling water intake and discharge system. The Appellate Court held the absence of an “occurrence” under [...]
Full
Ill. App. 1st Dist. / Bad Faith
Section 155 is a Fee-Shifting Provision – Not a Stand-Alone Cause of Action The Appellate Court of Illinois for the First District, in an opinion by Justice Van Tine applying Illinois law, affirmed the trial court’s holding that the plaintiff, Moles, was not entitled to relief for bad faith under section 155 of the Illinois Insurance Code because she did not prevail on any action under her automobile insurance policy issued by Illinois Farmers Insurance Company (“Farmers”). Accordingly, the Appellate [...]
Ill. App. 1st Dist. / Pollution
Trump Towers Discharges Into Chicago River Not an “Occurrence” The Appellate Court of Illinois for the First District, in an opinion by Justice Reyes and applying Illinois law, affirmed a finding that insurers of Chicago’s Trump International Hotel & Tower (“Trump Hotel & Tower”) had no duty to defend or indemnify the hotel in an underlying lawsuit alleging the hotel’s improper operation of a cooling water intake and discharge system. The Appellate Court held the absence of an “occurrence” under [...]