- American Country Insurance Company v. Williams
Exclusions: Intentional Act
(1st dist. 5th div. 2003)
Insurer has no duty to defend or indemnify insured who is estopped from denying his conduct was intentional where insured was convicted of a crime.
- American Economy Insurance Company v. DePaul University
Duty To Defend: Additional Insured
383 Ill.App.3d 172, 890 N.E.2d 582, 321 Ill. Dec. 860 (1st dist. 6th div. 2008)
Although purported additional insured alleged facts to trigger duty to defend in third-party complaint, initial complaint alleged facts that subcontractor selected and installed products ultimately causing plaintiff’s injuries, thereby triggering subcontractor’s insurer’s duty to defend additional insured.
- American Economy Insurance Company v. Holabird & Root
Duty To Defend: Additional Insured
Withdrawn Vacated No. 1-05-0403 (Ill. App. 2006)
In determining whether a duty to defend arises, a court should consider all facts relevant, including those contained within a third-party complaint.
- American Economy Insurance Company v. Holabird & Root
Duty To Defend: Additional Insured
382 Ill.App.3d 1017, 886 N.E.2d 1116, 320 Ill. Dec. 97 (1st dist. 6th div. 2008)
Where contractor was an additional insured under a subcontractor’s liability policy for “liability arising out of [the subcontractor’s] work” and a third party complaint alleged the subcontractor’s work to be negligent, the insurer had a duty to defend the contractor.
- American Environmental, Inc. v. 3-J Company
Agent/Broker: In General
222 Ill.App.3d 242, 583 N.E.2d 649, 164 Ill. Dec. 733 (2nd dist. 1991)
Action for breach of fiduciary duty is not a tort for purposes of Contribution Act.
- American Family Insurance Company v. Woiwode
Exclusions: Family Member
276 Ill.App.3d 176, 658 N.E.2d 51, 212 Ill. Dec. 874 (2nd dist. 1995)
Statute invalidating exclusion for 'members of the family' does not apply to injury to named insured.
- American Family Insurance Group v. Cleveland
Medical Payments Coverage: Subrogation
356 Ill.App.3d 945, 827 N.E.2d 490, 292 Ill. Dec. 961 (4th dist. 2005)
Right of subrogation within the policy was enforceable against injured passenger in insured’s vehicle.
- American Family Mut. Ins. Co. v. Krop
Agent Broker: Statute Of Limitations
2017 IL App (1st) 161071 (Ill. App., 2017)
Statute of limitations was tolled by discovery rule beginning when the insurer denied coverage.
- American Family Mut. Ins. Co. v. Plunkett
Subrogation: Timing
2014 IL App (1st) 131631 (Ill. App., 2014)
Equitable tolling could not be used to avoid statute of limitations on insurer’s subrogation claim where the terms of the insurance contract required assignment of the insured’s rights, which insurer failed to obtain in a timely fashion.
- American Family Mutual Insurance Co. v. Guzik
Exclusions: Intentional Act
406 Ill.App.3d 245, 941 N.E.2d 936, 347 Ill. Dec. 67 (3rd dist. 2010)
Homeowner’s policy does not cover damage resulting from an insured’s deliberate arson when the policy covers only “accidents” and explicitly excludes coverage for damage caused intentionally by the insured.
