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.
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.
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.
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.
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 . . .
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.
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:
Neal Gerber Eisenberg’s Insurance Policyholder Practice Group pairs its extensive knowledge of insurance law with exceptional litigation capabilities to maximize insurance recovery for corporate and individual policyholders and claimants.