American Service Insurance Company v. China Ocean Shipping Company (Americas) Inc.,
402 Ill.App.3d 513, 932 N.E.2d 8, 342 Ill. Dec. 117 (1st dist. 3rd div. 2010)
Words & Phrases
Bad Faith: Attorney Fees
Trial Judge
Daniel A. Riley
Appellate Judge
Justice Murphy
Holding
Trial court was not required to wait until underlying case concludes before awarding attorney fees to insured for insurer’s bad faith and is not required to hold an evidentiary hearing on the reasonableness of the fees because they had been paid and were thus prima facie reasonable.
Fact Summary
Insurer could not avoid its duty to defend by depositing policy limits with the court, as parties did not settle, judgment not entered in underlying cases, and policy limit was not “paid” to anyone.
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