- Auto-Owners Ins. Co. v. Websolv Computing, Inc.
Choice Of Law
580 F.3d 543 (7th Cir. 2009)
Iowa law applied where parties agreed that Iowa law should govern, policy was delivered in Iowa, insured was an Iowa corporation with an Iowa headquarters, and an Iowa issuing agent. In addition, the insured risk was located in Iowa.
- Auto-Owners Ins. Co. v Konow
Subrogation: In General
2016 IL App (2d) 150860 (Ill. App., 2016)
Insured could not cut off insurer's subrogation rights by tendering check for minimal amount.
- Auto-Owners Insurance Company v. Joshua M. Munroe and Tiffany Munroe
Occurrence: Number Of
614 F.3d 322 (7th Cir. 2010)
When a single continuous event as opposed to several discrete events gives rise to an auto accident, it is considered one occurrence under Illinois’s cause theory.
- Auto-Owners Insurance Company v. Stubban
Definitions: Covered Automobile
371 Ill.App.3d 513, 867 N.E.2d 1046, 311 Ill. Dec. 60 (4th dist. 2007)
Where insured owned ATV, and policy did not cover ATV owned by insured, no duty to defend arose.
- Auto-Owners Insurance Company v. Websolv Computing, Inc.
Advertising Injury Liability Insurance
580 F.3d 543 (7th Cir. 2009)
As to the issue of advertising injury coverage, insurer had no duty to defend Telephone Consumer Protection Act (TCPA) claim as advertising injury coverage applies only to claims arising when insured publicizes some secret personal information.
- Avery v. State Farm Mutual Automobile Insurance Company
Consumer Fraud Act
321 Ill.App.3d 269, 746 N.E.2d 1242, 254 Ill. Dec. 194 (5th dist. 2001)
Standard for Consumer Fraud Act claim is preponderance of the evidence.
- Avery v. State Farm Mutual Automobile Insurance Company
Punitive Damages: In General
321 Ill.App.3d 269, 746 N.E.2d 1242, 254 Ill. Dec. 194 (5th dist. 2001)
Award of punitive damages was constitutional, despite fact that some activities occurred in other states, when deceptive practice was devised, implemented and carried out from the carrier’s home office in Illinois.
- B.H. Smith, Inc. v. Zurich Insurance Company
Advertising Injury Liability Insurance
285 Ill.App.3d 536, 676 N.E.2d 221, 221 Ill. Dec. 700 (1st dist. 3rd div. 1996)
Trade infringement constitutes misappropriation.
- BOZEK v. ERIE INSURANCE GROUP
Fire Insurance: Exclusions
2015 IL App (2d) 0155 (Ill. App., 2015)
Anticoncurrent-causation clause operated to preclude coverage because two events, one covered under the policy (a failed pressure-relief valve) and one excluded under the policy (hydrostatic pressure), contributed to a single loss.
- Babiarz v Stearns
Agent Broker: Statute Of Limitations
2016 IL App (1st) 150988 (Ill. App., 2016)
Fixed income annuities are insurance products, and their sale by insurance producer was subject to two-year limitations period under 735 ILCS 5/13-214.4.
