- American Family Mutual Insurance Company v. Roth
Advertising Injury Liability Insurance
381 Ill.App.3d 760, 866 N.E.2d 1149, 320 Ill. Dec. 80 (1st dist. 2nd div. 2008)
Agents’ solicitation of former customers after termination of the agency using confidential information extracted from insurer’s computers was outside the scope of coverage because insured had knowledge its actions would violate rights of others.
- American Family Mutual Insurance Company v. Savickas
Duty To Defend: Conflict Of Interest
304 Ill.App.3d 614, 711 N.E.2d 1, 238 Ill. Dec. 188 (1st dist. 2nd div. 1998)
Allegations of negligent and intentional conduct created conflict of interest, entitling insured to control defense.
- American Family Mutual Insurance Company v. Savickas
Duty To Defend: Intentional Act
304 Ill.App.3d 614, 711 N.E.2d 1, 238 Ill. Dec. 188 (1st dist. 2nd div. 1998)
Criminal conviction for murder did not relieve insurer of duty to defend where underlying complaint alleged negligence.
- American Family Mutual Insurance Company v. Savickas
Collateral Estoppel
193 Ill.2d 378, 739 N.E.2d 445, 250 Ill. Dec. 682 (2000)
Insured who was convicted of first degree murder, as well as administrator of victim’s Estate, may be collaterally estopped by insurer from claiming a duty to defend or indemnify.
- American Family Mutual Insurance Company v. Savickas
Exclusions: Intentional Act
193 Ill.2d 378, 739 N.E.2d 445, 250 Ill. Dec. 682 (2000)
Insurer had no duty to defend where criminal conviction established that the company fell within policy exclusion.
- American Family Mutual Insurance Company v. Savickas
Declaratory Judgment: Timing
304 Ill.App.3d 614, 711 N.E.2d 1, 238 Ill. Dec. 188 (1st dist. 2nd div. 1998)
Duty to indemnify premature for adjudication prior to resolution of underlying wrongful death action.
- American Family Mutual Insurance Company v. Stagg
Underinsured Motorist Coverage: Arbitration
393 Ill.App.3d 619, 912 N.E.2d 1283, 332 Ill. Dec. 397 (5th dist. 2009)
Where phrase “arbitration award” was undefined by policy, insured could seek court trial of her underinsured motorist claim because the UIM arbitration resulted in an award, prior to set-offs, of an amount exceeding the $20,000 minimum limit of the Illinois financial responsibility law.
- American Family Mutual Insurance Company v. Westfield Insurance Company
Collateral Estoppel
Ill.App.3d , 962 N.E.2d 993, 357 Ill. Dec. 92 (4th dist. 2011)
Insurer not bound by finding of negligence in underlying suit and could raise intentional act defense even though it defended under a reservation of rights.
- American Freedom Insurance Co. v. Garcia
Collateral Estoppel
2021 IL App (1st) 200231 (Ill. App., 2021)
UM insurer was collaterally estopped from litigating whether tortfeasor actually had insurance, because it was in privity with its insured, the UM claimant, who had participated in action by tortfeasor's insurer that resulted in rescission of the tortfeasor's policy.
- American Freedom Insurance Co. v. Uriostegui
Definitions: Non Owned Automobile
366 Ill.App.3d 1000, 853 N.E.2d 47, 304 Ill. Dec. 515 (1st dist. 4th div. 2006)
Insured’s non-owner policy did not provide coverage for vehicle that was furnished for insured’s regular use.
