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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


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.