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Federal Insurance Company v. Binney & Smith, Inc.

393 Ill.App.3d 277, 913 N.E.2d 43, 332 Ill. Dec. 448 (1st dist. 1st div. 2009)

Words & Phrases

Duty To Indemnify

Trial Judge


Appellate Judge



An insured who settles an underlying claim may recover the incurred expenses from the insurer if it shows that it settled an otherwise covered loss within the coverage period and upon reasonable anticipation of potential liability. Further, the insured is not required to allocate between covered and non-covered claims, but must allocate between coverage periods.