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Insurance Law Alert

Extracontractual Damages Without Bad Faith

Generally third party insurers have good reason to believe that if they don’t commit bad faith, the most they will have to pay for indemnity is the amount of the insurer’s policy limit. Numerous cases, of course, have held that where an insurer breaches the duty to settle, though, it will be on the hook   Continue Reading »

Can The Underlying Plaintiff Collect More Than The Amount of the Underlying Judgment in Third Party Failure to Settle Cases?

In the typical third party bad faith case, the underlying plaintiff’s attorney makes a policy limits settlement demand, the insurer does not agree to pay its limits, or does not do so in the time the plaintiff’s attorney thinks it should, and the plaintiff then obtains a verdict substantially in excess of the policy limits.   Continue Reading »

Self-Insured Retentions and High Deductibles: Their Impact on Insurers and Policyholders

In the current economic climate, first-dollar coverage has become a luxury that many commercial insureds can no longer afford. Although policies with large self-insured retentions and deductibles have always been available, they were frequently overlooked in the past when bottom lines were healthier and insurance premium costs were subject to less scrutiny. As more insureds   Continue Reading »

ILLINOIS SUPREME COURT RULES THAT TCPA DAMAGES ARE INSURABLE

Since Congress passed the Telephone Consumer Protection Act (“TCPA”), 47 USC §227(b), courts have struggled to determine the extent to which insurance coverage is available for damages awarded under the act.  In Standard Mutual Ins. Co. v. Lay, 2013 IL 114617 (May 23, 2013), the Illinois Supreme Court removed any doubts that such damages are   Continue Reading »

Johnson and Bell

Johnson and Bell