No Reasonable Person Would Believe Contract Exclusion Applies to Wrongful Eviction

In John Doyle Trust, et al. v. Country Mutual Insurance Co., 2014 IL App (2d) 121238, the Illinois appellate court affirmed summary judgment entered against Country Mutual, finding it owed its insured landlords a defense for a wrongful eviction action. That ruling is hardly surprising, but the insurer’s attempt to deny coverage is what makes me want to get up on my soapbox.

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Defective Construction Claims: Where Breach of Warranty and Covered Occurrences Merge or Divide

On March 21, 2014, Jill B. Berkeley presented at the American College of Coverage and Extracontractual Counsel's (ACCEC) 2014 Insurance Law Symposium, held on the campus of the University of Mississippi. The ACCEC brought together pre-eminent lawyers representing the interests of both insurers and policyholders to improve the quality of the practice of insurance law and to increase civility and professionalism in the field.

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Fat Tuesday Special: Louisiana Court Holds that “Coconut Throwing” Endorsement Does Not Bar Coverage for Mardis Gras Float

In Faith Brooks v. Zulu Social Aid and Pleasure Club, Inc., 110 So.3d 703 (La. Ct. App. 2013), the Louisiana Court of Appeal held that the trial court improperly granted summary judgment to an insurer based on a coconut throwing endorsement in an insurance policy issued to the Mardis Gras Zulu Krewe.

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Absolute Pollution Exclusion Still Unenforceable in Indiana

On February 27, 2014, the Insurance Committee of the Indiana State Senate voted 6 to 3 against House Bill 1241, which would have amended the Indiana Insurance Code to specify the manner in which the term "pollutant" must be construed in liability insurance policies.  

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Builder's Risk Insurance: What Owners and Contracters Need to Know

Seth Lamden is a featured speaker at a WPL Publishing Co., Inc. webinar entitled "Builder's Risk Insurance: What Owners and Contractors Need to Know" on March 27, 2014. The program will provide an overview of common coverage disputes that arise between builders' risk insurers and their insureds as well as providing management practices for owners and contractors.

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When Policy Limits Are Not Enough: Dilemma for the Policyholder, Plaintiff and Insurer

On March 27, 2014, the ABA Tips and Section of Litigation Insurance Coverage Litigation Committees will host a panel presentation entitled "When Policy Limits Are Not Enough: Dilemma for the Policyholder, Plaintiff and Insurer" at the offices of Neal, Gerber & Eisenberg LLP. Registration takes place from 8-8:30 a.m., with the program beginning promptly at 8:30. Click to register for the event.

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Does a D&O Policy That Expressly Covers Antitrust Claims Exclude Antitrust Damages?

According to the court in William Beaumont Hospital v. Federal Insurance Co., No. 131468 (6th Cir. Jan. 16, 2014), the answer is "no."  The court in that case held that a hospital's settlement of a private antitrust claim alleging that it had conspired to depress the compensation paid to its nurses was covered "loss" under the hospital's D&O policy, which was endorsed to expressly cover antitrust claims, rather than excluded "disgorgement," as alleged by the D&O insurer.

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Exclusion of the Occurrence? Examining Illinois Courts' Interpretation of "Coverage" in Construction Defect Cases

Seth D. Lamden, partner in the Insurance Policyholder Practice Group, co-authored an article for Illinois Association of Defense Trial Counsel (IDC) Quarterly entitled "Exclusion of the Occurrence? Examining Illinois Courts' Interpretation of "Coverage" in Construction Defect Cases" on January 9, 2014.

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Neal Gerber Eisenberg Partner Angela Elbert Featured as Cover Story for Illinois Super Lawyers

Congratulations to Insurance Policyholder partner Angela Elbert for being featured on the cover of Illinois Super Lawyers 2014 issue. The piece discusses Angela's career, how she became a leader in the legal community and how her upbringing helped her to achieve success in both her personal and professional life. Click here to view the full article.

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