Where insurer repeatedly failed to produce true insurance policy and abused the discovery process, sanctions were appropriate.
A named-driver exclusion was enforceable even though the policy insurance cards did not name the excluded driver.
Claimant’s failure to file uninsured motorist claim within two years of accident did not preclude coverage when tortfeasor’s insurer became insolvent after two-year limitation had passed.
Illinois Commercial Transportation Law required that motor carrier’s insurance policy provide coverage for truck rented by motor carrier even though the rental truck was not reported to the moving company’s insurer or listed on policy. Transportation Act required that the motor carrier’s coverage be primary. Separate insurance on the rental truck through the rental company would have been secondary or excess but was ruled co-primary by the court because the rental company violated Illinois public policy by not offering the customer the choice of primary coverage. Finally, it was not premature to construe the limits of the rental company’s policy even though the underlying injury suit was not yet resolved.
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.
Insurer’s conduct does not constitute bad faith (i.e., “vexatious and unreasonable conduct”) where it investigates claim and defends under a reservation of rights.
Insured has no private cause of action under improper claims practices statute, section 154.6 of Insurance Code.
Rescission allowed where insured had post-application obligation to disclose additional driver.
Insurer breached duty to defend and was estopped from asserting policy defenses based on notice of cancellation to lien holder.
Insurer was not obligated to indemnify insured driver in wrongful death hit-and-run lawsuit due to defendant-insured’s failure to comply with the policy’s notice provision.