Insurance Law Alert
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 »
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 »
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 »
Many lawyers have found themselves slightly confused while appearing in courtroom 1501 of the Richard M. Daley Center for the first time. Courtroom 1501 is responsible for handling all First District Municipal cases in which a jury demand has been filed. These cases are typically personal injury lawsuits arising from motor vehicle accidents. Unlike the Continue Reading »