Illinois Court Rejects Insurer's Invitation to Reverse "All Sums" Ruling

On March 5, 2013, the Illinois Appellate Court in John Crane, Inc. v. Admiral Ins. Co., 2013 IL App. (1st) 093240, held that in an  asbestos bodily injury coverage case,

1.         Any policy in which asbestos exposure, sickness, or disease occurred during the policy period is triggered; and

2.         All triggered policies are jointly and severally liable to pay “all sums” up to their limits.

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Trigger for Malicious Prosecution Upended

In a remarkable 91-page opinion, Lake County Circuit Court Judge Margaret Mullen found that the Illinois Supreme Court and Seventh Circuit have gotten the trigger date for malicious prosecution cases wrong.  She ruled that the filing of the allegedly malicious action is the correct trigger of coverage, rejecting the previously cited Illinois rule holding that the policy in existence when the favorable termination of the action occurs is triggered.

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"Blast Fax" TCPA Damages Covered Under CGL Policy

In Standard Mutual Insurance Co, v. Lay, 2013 IL 114617, the court held that damages awarded pursuant to the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227(b)(3) (the “TCPA”) constitute covered damages under a commercial general liability (“CGL”) policy. 

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Seth Lamden to Present Seminar on Risk Shifting in Construction Contracts

Neal Gerber Eisenberg insurance policyholder partner Seth D. Lamden will co-present at the Illinois Association of Defense Trial Counsel's 2013 Risk Transfer Workshop on May 16, 2013 from 11:00 to 1:30.

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Seth Lamden to Present Audio Conference on Insurance Coverage Disputes and Construction Defects

Neal Gerber Eisenberg insurance policyholder partner Seth D. Lamden will co-present “Insurance Coverage Disputes and Construction Defects,” a live Lorman audio conference on May 22, 2013 from 1 to 2:30 p.m. EST.

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UK Insurer Barred from Enforcing Mandatory Arbitration Provision in Coverage Dispute with Missouri Insured

In Union Electric Co. v. AEGIS Energy Syndicate 1225, No. 12-3546 (8th Cir. April 19, 2013), the court held that a UK insurer was precluded from enforcing a mandatory arbitration provision due to a policy endorsement stating that “any dispute relating to this Insurance or to a CLAIM . . .

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Missouri Court Applies “All Sums” Allocation to Long-Tail Environmental Coverage Dispute

The court in Doe Run Resources Corporation v. Certain Underwriters at Lloyd’s London, No. ED98086, 2013 Mo. App. LEXIS 468 (April 16, 2013), held that excess liability insurers were jointly and severally liable under policies issued to Doe Run in the 1950s for “all sums” that Doe Run paid to investigate and remediate environmental contamination that occurred over more than 90 years.

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Zurich v. Raymark Still Alive & Well In Illinois — Whiskers & All

On March 5, 2013, the Illinois Appellate Court in John Crane, Inc. v. Admiral Ins. Co., 2013 IL App. (1st) 093240, reaffirmed the continuing viability of the Illinois Supreme Court’s decision more than 25 years ago in the case of Zurich v. Raymark, 118 Ill.2d 23 (Ill. 1987), an asbestos bodily injury coverage case.

The appealed issues in Crane included exhaustion, allocation and trigger. There were three issues raised by the appellant, Crane:

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