- Western Casualty & Surety Company v. Adams County
Duty To Defend: Civil Rights
179 Ill.App.3d 752, 534 N.E.2d 1066, 128 Ill. Dec. 621 (4th dist. 1989)
Insurer had duty to defend civil rights violations arising from improper tax assessments under eviction coverage.
- Western States Insurance Company v. Bobo
Duty To Defend: Intentional Act
268 Ill.App.3d 513, 644 N.E.2d 486, 205 Ill. Dec. 930 (5th dist. 1995)
Injuries to victims of child molestation are expected as a matter of law.
- Western States Insurance Company v. Kelley-Williamson Company, et al.
Exclusions: Intentional Act
211 Ill.App.3d 7, 569 N.E.2d 1289, 155 Ill. Dec. 678 (2nd dist. 1991)
When insured is criminally psychotic and legally insane at the time of the occurrence, he is incapable of having the necessary intent required to exclude him from coverage.
- Western States Insurance Company v. Kelley-Williamson Company, et al.
Evidence: Criminal Conviction
211 Ill.App.3d 7, 569 N.E.2d 1289, 155 Ill. Dec. 678 (2nd dist. 1991)
Criminal conviction constituted prima facie evidence that actions were intentional, but not conclusive.
- Western States Insurance Company v. Louis E. Olivero & Associates
Subrogation: In General
283 Ill.App.3d 307, 670 N.E.2d 333, 218 Ill. Dec. 836 (3rd dist. 1996)
Law firm's failure to honor subrogation claim out of settlement proceeds constituted conversion of insurer's property.
- Western States Insurance Company v. O'Hara
Discovery: Attorney/Client Privilege
357 Ill.App.3d 509, 828 N.E.2d 842, 293 Ill. Dec. 532 (4th dist. 2005)
Attorney/client privilege and work product privilege do not prevent discovery of coverage opinion documents due to “common interest doctrine.”
- Western States Insurance Company v. Weller
Declaratory Judgment: Procedure
299 Ill.App.3d 317, 701 N.E.2d 542, 233 Ill. Dec. 692 (4th dist. 1998)
Default judgment order relieving insurer of all future defense and indemnification obligations is final judgment that binds injured third party.
- Western States Insurance Company v. Wisconsin Wholesale Tire, Inc.
Personal Injury Liability Coverage
184 F.3d 699 (7th Cir. 1999)
Insured's alleged misappropriation of competitor's customer list was not "slander" or "libel" within personal injury coverage.
- Western States Insurance Company v. Wisconsin Wholesale Tire, Inc.
Advertising Injury Liability Insurance
184 F.3d 699 (7th Cir. 1999)
Insured's alleged misappropriation of customer list was not advertising injury.
- Western States Insurance Company v. Zschau
Underinsured Motorist Coverage: Stacking
298 Ill.App.3d 214, 698 N.E.2d 198, 232 Ill. Dec. 360 (2nd dist. 1998)
Out of state coverage provision in UIM coverage does not act as choice-of-law provision; therefore UIM limits cannot be stacked on top of benefits already received, where benefits received equaled UIM limits.
