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Complete List - Insurance Case Law Index

Found 2,202 results

  • American Service Ins. Co. v. Miller
    Policy: Existence Of
    2014 IL App (5th) 130582 (Ill. App., 2014) Where insurer repeatedly failed to produce true insurance policy and abused the discovery process, sanctions were appropriate.
  • American Service Insurance Co. v. Arive
    Exclusions: Named Driver
    2012 IL App (1st) 111885 (Ill. App., 2012) A named-driver exclusion was enforceable even though the policy insurance cards did not name the excluded driver.
  • American Service Insurance Company v. Pasalka
    Uninsured Motorist Coverage: Arbitration
    363 Ill.App.3d 385, 842 N.E.2d 1219, 299 Ill. Dec. 867 (1st dist. 2nd div. 2006) 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.
  • American Service Insurance Company v. Arthur Jones
    Mandatory Insurance
    401 Ill.App.3d 514, 927 N.E.2d 840, 340 Ill. Dec. 101 (1st dist. 3rd div. 2010) 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.
  • American Service Insurance Company v. China Ocean Shipping Company (Americas) Inc.,
    Bad Faith: Attorney Fees
    402 Ill.App.3d 513, 932 N.E.2d 8, 342 Ill. Dec. 117 (1st dist. 3rd div. 2010) 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.
  • American Service Insurance Company v. David Franchini and Carolina Franchini
    Bad Faith: Statutory
    396 Ill.App.3d 413, 920 N.E.2d 1142, 336 Ill. Dec. 552 (1st dist. 2nd div. 2009) 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.
  • American Service Insurance Company v. Passarelli
    Bad Faith: Statutory
    323 Ill.App.3d 587, 752 N.E.2d 635, 256 Ill. Dec. 755 (1st dist. 6th div. 2001) Insured has no private cause of action under improper claims practices statute, section 154.6 of Insurance Code.
  • American Service Insurance Company v. United Automobile Insurance Company
    Rescission
    409 Ill.App.3d 27, 947 N.E.2d 382, 349 Ill. Dec. 745 (1st dist. 1st div. 2011) Rescission allowed where insured had post-application obligation to disclose additional driver.
  • American Standard Insurance Company of Wisconsin v. Gnojewski
    Duty To Defend: Estoppel
    319 Ill.App.3d 970, 747 N.E.2d 367, 254 Ill. Dec. 327 (5th dist. 2001) Insurer breached duty to defend and was estopped from asserting policy defenses based on notice of cancellation to lien holder.
  • American Standard Insurance Company of Wisconsin v. Roger L. Slifer and Helen Brown
    Late Notice: In General
    395 Ill.App.3d 1056, 919 N.E.2d 372, 335 Ill. Dec. 653 (4th dist. 2009) 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.

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