Illinois Association of Defense Trial Counsel, IDC Quarterly, Vol. 9., No. 2

Size: px
Start display at page:

Download "Illinois Association of Defense Trial Counsel, IDC Quarterly, Vol. 9., No. 2"

Transcription

1 Property Insurance By: Michael S. Sherman Chuhak & Tecson P.C. Chicago Extra-Contractual Damages Against Insurers: What is the Statute of Limitations? Background The Illinois Legislature has provided a means by which an insured may recover bad faith or extracontractual damages if their insurer has been vexatious and unreasonable in refusing to settle the insureds claim. This remedy is set forth in Section 155 of the Illinois Insurance Code, 215 ILCS 5/155 and is applicable to both first and third party claims. Section 155 of the Insurance Code provides as follows: Section 155. Attorney fees. (1) In any action by or against a company wherein there is in issue the liability of a company on a policy or policies of insurance or the amount of the loss payable thereunder, or for an unreasonable delay in settling a claim, and it appears to the Court that such action or delay is vexatious and unreasonable, the Court may allow as part of the taxable costs in the action reasonable attorney fees, other costs, plus an amount not to exceed any one of the following amounts: (a) 25% of the amount which the Court or jury finds such party is entitled to recover against the company, exclusive of all costs; (b) $25,000; (c) the excess of the amount which the Court or jury finds such party is entitled to recover, exclusive of costs, over the amount, if any, which the company offered to pay in settlement of the claim prior to the action. Since the enactment of this statute, there has been a substantial amount of litigation surrounding Section 155. In 1996 the Illinois Supreme Court attempted to resolve some of the interpretive issues raised by the statute, including the issue of preemption and the insured s ability to pursue claims outside the scope of Section 155. See Cramer v. Insurance Exchange Agency, 174 Ill. 2d. 513, 675 N.E.2d. 897 (1996). Cramer v. Insurance Exchange Agency The facts in Cramer were straightforward. The insured purchased a homeowner s insurance policy from the insurer covering his personal property. The policy was to run for one year. Shortly after the policy s inception, the insured s residence was burglarized. The underlying dispute arose from the insurer s attempted cancellation of the policy: the insurer argued that it canceled the policy before the burglary occurred, whereas the insured contended that he never received a notice of cancellation and that any purported cancellation contributed common law fraud. Cramer, 174 Ill. 2d. at 513. Two questions were raised on appeal: (1) whether Section 155 of the Illinois Insurance Code insulates an insurer from a cause of action for common law fraud; and (2) whether the policy provision which states that no action can be brought unless the policy provisions have been complied with and the action is started within one year after the date of loss is applicable to a cause of action for common law fraud against an insurer. Id. (Emphasis added).

2 The Supreme Court held that Section 155 does not preempt a claim of insurer misconduct based upon a separate independent tort. Id. In other words, an insured may pursue an action under their policy based upon Section 155, while also attempting to maintain a separate independent tort action such as common law fraud or malicious prosecution. However, the Court made it clear that mere allegations of bad faith or unreasonable and vexatious conduct are not sufficient to constitute a separate and independent tort. Id. Throughout its analysis, the Cramer Court clearly indicated that a suit limitation provision contained within an insurance policy applies to claims based upon that policy. However, the Court s majority did not address whether suit limitation provisions would be applicable to claims under Section 155 or to claims which are potentially outside the scope of the policy, i.e., extra-contractual. Id. One of the most significant issues remaining after Cramer was the applicable statute of limitations for suits which only alleged violations of Section 155. Based upon recent appellate decisions, this article seeks to predict a court s likely analysis of the Section 155 statute of limitations issue in a first party matter. Statute of Limitations for Section 155 claims In a recent case of first impression, an Illinois court construed the statute of limitations for claims under Section 155. See Marcheschi v. Illinois Farmers Ins. Co., 298 Ill. App. 3d. 306, 698 N.E.2d. 683 (1st Dist ) Although Marcheschi primarily addressed the application of the statute of limitation for claims of insurer bad faith in a third party case, it provides some insight into how the courts may analyze this issue in first party litigation. In either first or third party litigation, the issue of whether the limitations period has expired will arise most often when an insurer has actually resolved the underlying claim and the insured subsequently alleges vexatious and unreasonable delay. In Marcheschi, the First District Appellate Court discussed statute of limitations issues relating to a Section 155 claim in the context of an uninsured motorist case. Marcheschi v. Illinois Farmers Ins. Co., 298 Ill. App. 3d. 306, 698 N.E.2d. 683 (1st Dist ) Facts in Marcheschi On December 22, 1992, plaintiff filed a complaint seeking recovery under Section 155 of the Insurance Code based on defendant s refusal to settle his claim for uninsured motorist benefits within the applicable policy limits. Following the accident, which occurred on December 9, 1983, defendant promptly paid plaintiff $25,000, which was the limit of his uninsured motorist coverage. However, plaintiff was a member of a class action lawsuit in which his insurance policy was reformed and the uninsured motorist coverage limit was increased from $25,000 to $100,000. Id. at 685. Following the class action, plaintiff demanded $75,000 from defendant, or the remainder of the policy limit. In August 1988, defendant offered $40,000 in settlement, and in December of 1988, plaintiff made a counteroffer of $40,000 plus prejudgment interest. When defendant failed to accept this counteroffer, it expired. Plaintiff then made a demand for $75,000 plus prejudgment interest. After plaintiff underwent a physical examination, defendant made an offer of $50,000 on June 21, 1989, which plaintiff declined. Testimony at trial indicated that, shortly thereafter, defendant was given settlement authority in the amount of $75,000, which was not extended to plaintiff prior to arbitration. Id. An arbitration hearing took place on January 3, The panel assessed plaintiff s damages in the amount of $215,000 and found defendant liable for the $75,000 policy limit. Id. Thereafter, in his complaint, plaintiff sought to recover attorney fees for the arbitration, arbitrator s fees and other litigation expenses, prejudgment interest, and 25% of the difference between the amount defendant offered in settlement and the amount plaintiff recovered via arbitration pursuant to Section 155. The Court ultimately awarded the plaintiff $18,750 pursuant to Section 155, with $8,075 in attorney fees related to the arbitration and prejudgment interest. Id. The issues on appeal in Marcheschi were as follows: (1) whether the trial court properly determined that Section 155 of the Insurance Code is not a statutory penalty to which a two-year statute of limitations must apply; (2) whether the trial court correctly determined that defendant unreasonably and vexatiously delayed the settlement of plaintiff s uninsured motorist claim under Section 155; and (3) whether the trial court properly awarded prejudgment interest to plaintiff. Id. at 685. The Court answered each of these questions in the affirmative and affirmed the trial court s decision.

3 Is Section 155 a Statutory Penalty The Defendant in Marcheschi filed a motion to dismiss pursuant to 735 ILCS 5/2-619, alleging that the plaintiff s claim under Section 155 was a statutory penalty and, therefore, subject to a two year statute of limitations. See 735 ILCS 5/ However, plaintiff argued that his Section 155 claim was subject to the five year catch-all limitations period. See 735 ILCS 5/ In resolving this issue of first impression, the Court relied on McDonalds Corp v. Levine 108 Ill. App. 3d 732, 439 N.E.2d 475 which set forth the following distinction between statutory penalties and remedial statutes: A statute is a statutory penalty if it imposes automatic liability for a violation of its terms and the amount of liability is predetermined by the act and imposed without actual damages suffered by the plaintiff. A statute is remedial when it gives rise to a cause of action to recover compensation suffered by the injured person. [O]ur Supreme Court held that a statute is remedial and not penal where it imposes liability only when actual damage results from a violation. In such a case, liability is contingent upon damage being proven by the plaintiff. Under a penal statute, liability is not contingent but imposed automatically when a violation of the statute is established. McDonalds Corp v. Levine 108 Ill. App. 3d. 732,738, 439 N.E.2d 475,480 (2d Dist 1982). In addition, the Marcheschi Court reviewed the background of Section 155 and noted that the statute provides an extra contractual remedy to policyholders whose insurer s refusal to recognize liability and pay a claim under a policy is vexatious and unreasonable. Cramer 675 N.E.2d at 687. Further, despite the fact that Section 155 allows for various elements of recovery, including a limited penalty, it does not appear that the use of the word penalty will bring the entire statute under the realm of a statutory penalty for purposes of the statute of limitations. Marcheschi 698 N.E.2d at 688. The Marcheschi Court ultimately held that Section 155 does not constitute a statutory penalty for purposes of the two year statute of limitations in Section of the Code of Civil Procedure. Id. However, the Court did not specifically hold that Section 155 was subject to the five year catch all statute of limitations. Therefore, the question remains as to what the statute of limitations is for alleged vexatious and unreasonable conduct of an insurer, especially as it relates to first party claims. First Party Cases In most first party litigation, plaintiffs allege vexatious and unreasonable conduct by the insurer, as well as breach of contract. However, in some cases the insured alleges a violation of Section 155 after the underlying claim has been resolved. Unlike the uninsured motorist policy discussed in Marcheschi, most property policies have a contractual limitations provision contained within the policy. That contractual limitations language is generally set forth as follows: Suit Against Us. No action shall be brought unless there has been compliance with the policy provisions. The action must be started within one year after the date of loss or damage. This one year period is extended by the number of days between the date that proof of loss was filed and the date the claim is denied in whole or in part. There appears to be a question whether a first party claim alleging vexatious and unreasonable delay on the part of an insurer will be subject to the contractual limitations period, or some other limitations period (such as the five year catch all limitation (735 ILCS 5/13-205) or the ten year statute of limitations for breach of a written contract (735 ILCS 5/13-206)).

4 It is clear that compliance with the suit limitation provision of the policy is a condition precedent to recovery under a policy. Cramer 675 N.E.2d at 905. Moreover, it would seem axiomatic that a claim under Section 155 would also be considered an attempt to recover under a policy and that the limitations period set forth in the policy should therefore govern. The Court in Cramer did not find it necessary to address whether the contractual limitation provision would apply to a separate and independent tort claim, e.g., common law fraud. But Justice Freeman, in a specially concurring opinion, stated as follows: As a final matter, I would hold, contrary to the majority s reasoning, that the suit limitation clause here applies to bar plaintiff s attempted fraud action. The clause refers to actions against the insurer and is not limited only to actions upon the policy. As a result, this alleged action, whether sounding in fraud, contract, or bad faith, does not survive the bar. Cramer 675 N.E.2d at 908. Therefore, it would certainly be reasonable to interpret the Illinois courts various holdings as indicating that the suit limitation provision contained in a property insurance policy would dictate the limitations period for a Section 155 claim. Out of State Jurisdictions There are several out of state courts that have addressed whether a claim for bad faith as defined in their jurisdiction should be handled within the confines of the policy. Although a few of these courts have held that the contractual limitations provision does not apply, See, e.g., Christiansen v. First Insurance Company of Hawaii, 963 P.2d 345 (1998), many courts have firmly ruled that the limitations provision set forth in the policy governs. The Iowa Supreme Court reviewed this issue in a case of first impression in Stahl v. Preston Mutual Insurance, 517 N.W.2d 201 (1994). Stahl held that a cause of action in bad faith should be considered an action on the policy and, therefore, subject to the one year limitation period contained in the policy. In Stahl, the insured brought suit against their homeowners insurer for breach of contract and bad faith in denying a fire claim. Id. at 202. The Defendant filed a Motion for Summary Judgment based upon the contractual limitations period in the policy. Id. The Iowa Supreme Court ultimately held that although there are certain instances when conduct on the part of the insurer may give rise to a collateral or independent cause of action, most actions must be brought within the time allowed by the policy. Id. at 203. I n California, the courts have consistently held that bad faith and related causes of action are to be considered actions on the policy and subject to the suit limitation provision contained within the policy. The Court in Prieto v. State Farm Fire and Casualty Co., 225 Cal.App.3d (1991) ruled that the plaintiffs claims for bad faith failure to pay benefits and for intentional infliction of emotional distress were merely a theoretical restatement of the same claim and were governed by the one year statute of limitations for actions on a policy. Prieto v. State Farm Fire and Casualty Co., 225 Cal.App.3d. 1188,1196 (1991). Interestingly, the Court in Prieto looked to the fact that in California, there is an effort to be more flexible and to apply an equitable tolling period from the time an insured gives notice of the damage to his insurer, pursuant to applicable policy notice provisions, until coverage is denied. Id. at As noted above, this language is very similar to the tolling provision contained within most Illinois policies pursuant to statute. The court of appeals in Arizona has also specifically held that an action for bad faith must be filed within the contractual limitations period. In Home Federal Savings and Loan Assoc. v. Dooley s of Tucson, the dismissed the Defendants (insured) cross-claim for bad faith related to the insurer s failure to pay proceeds on a fire claim. Home Federal Savings and Loan Assoc. v. Dooley s of Tucson, 716 P.2d 1042,1046 (1985). The

5 Court stated that a claim for bad faith can only be based upon the policy and thus is barred by the one year statute of limitations. Id. Conclusion There can be no question that the statute of limitations issue relating to Section 155 will continue to arise. Just as the courts have been asked to address this issue in the third party situation, they will soon be asked to address the issue in a first party case. Based upon the Illinois courts interpretation of Section 155 and many other jurisdictions holding related to bad faith, it appears likely that these claims will be governed by the contractual limitation provision contained within the policy of insurance. However, it is less clear whether the courts will apply the same reasoning for those claims (e.g., common law fraud) which are viewed as separate and independent causes of action. About the Author Michael S. Sherman is with the Chicago firm of Chuhak & Tecson, P.C. He concentrates his practice on property insurance coverage and on first and third-party insurance defense litigation matters. Mr. Sherman specializes in the investigation and litigation of property and casualty insurance fraud cases, including first-party and third-party losses, fraudulent bodily injury claims, auto theft, arson and theft losses.

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2016 IL App (1st) 150810-U Nos. 1-15-0810, 1-15-0942 cons. Fourth Division June 30, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in

More information

FILED May 21, 2015 Carla Bender 4 th District Appellate Court, IL

FILED May 21, 2015 Carla Bender 4 th District Appellate Court, IL NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 140713-U NO. 4-14-0713

More information

2009 CASE LAW SUMMARY. Automobile Liability. State Farm v. Johnson, 18 So.3d 1099 (Fla. 2d DCA 2009)

2009 CASE LAW SUMMARY. Automobile Liability. State Farm v. Johnson, 18 So.3d 1099 (Fla. 2d DCA 2009) 2009 CASE LAW SUMMARY Automobile Liability Equitable Subrogation State Farm v. Johnson, 18 So.3d 1099 (Fla. 2d DCA 2009) Defendant and State Farm s insured were involved in a motor vehicle accident in

More information

ILLINOIS LAW MANUAL CHAPTER XIII BAD FAITH AND EXTRA CONTRACTUAL LIABILITY. An insured or an assignee may recover extra-contractual damages from an

ILLINOIS LAW MANUAL CHAPTER XIII BAD FAITH AND EXTRA CONTRACTUAL LIABILITY. An insured or an assignee may recover extra-contractual damages from an If you have questions or would like further information regarding Excess Judgments in Third Party Claims, please contact: Kevin Caplis 312-540-7630 kcaplis@querrey.com Result Oriented. Success Driven.

More information

Case 2:04-cv-02247-JWS Document 45 Filed 10/26/05 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case 2:04-cv-02247-JWS Document 45 Filed 10/26/05 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Case 2:04-cv-02247-JWS Document 45 Filed 10/26/05 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA GERALD and COREY ANDERSON, Plaintiffs, CIV 04-2247 PHX JWS vs. ORDER AND OPINION [Re: Motion

More information

S09G0492. FORTNER v. GRANGE MUTUAL INSURANCE COMPANY. We granted certiorari in this case, Fortner v. Grange Mutual Ins. Co., 294

S09G0492. FORTNER v. GRANGE MUTUAL INSURANCE COMPANY. We granted certiorari in this case, Fortner v. Grange Mutual Ins. Co., 294 In the Supreme Court of Georgia Decided: October 19, 2009 S09G0492. FORTNER v. GRANGE MUTUAL INSURANCE COMPANY. NAHMIAS, Justice. We granted certiorari in this case, Fortner v. Grange Mutual Ins. Co.,

More information

ILLINOIS LAW MANUAL CHAPTER XI INSURANCE COVERAGE AND DEFENSES. Uninsured motorist coverage protects the policyholder who is injured by an

ILLINOIS LAW MANUAL CHAPTER XI INSURANCE COVERAGE AND DEFENSES. Uninsured motorist coverage protects the policyholder who is injured by an If you have questions or would like further information regarding Uninsured-Underinsured Motorist Coverage, please contact: Jennifer Medenwald 312-540-7588 jmedenwald@querrey.com Result Oriented. Success

More information

Reed Armstrong Quarterly

Reed Armstrong Quarterly Reed Armstrong Quarterly January 2009 http://www.reedarmstrong.com/default.asp Contributors: William B. Starnes II Tori L. Cox IN THIS ISSUE: Joint and Several Liability The Fault of Settled Tortfeasors

More information

POST LITIGATION BAD FAITH THE POTENTIALLY ERODING DEFENSE OF THE INSURER. Bradley J. Vance, Esquire 1

POST LITIGATION BAD FAITH THE POTENTIALLY ERODING DEFENSE OF THE INSURER. Bradley J. Vance, Esquire 1 POST LITIGATION BAD FAITH THE POTENTIALLY ERODING DEFENSE OF THE INSURER Bradley J. Vance, Esquire 1 For years Pennsylvania law has defined the bad faith cause of action based upon the terms of 42 Pa.C.S.A.

More information

2015 IL App (1st) 141179-U. No. 1-14-1179 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 141179-U. No. 1-14-1179 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 141179-U THIRD DIVISION May 20, 2015 No. 1-14-1179 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Certain Underwriters at Lloyd s London v. The Burlington Insurance Co., 2015 IL App (1st) 141408 Appellate Court Caption CERTAIN UNDERWRITERS AT LLOYD S LONDON,

More information

In the Court of Appeals of Georgia

In the Court of Appeals of Georgia SECOND DIVISION BARNES, P. J., MILLER and RAY, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk s office within ten days of the date of decision to be deemed timely filed.

More information

2016 IL App (1st) 152359-U. SIXTH DIVISION June 17, 2016. No. 1-15-2359 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2016 IL App (1st) 152359-U. SIXTH DIVISION June 17, 2016. No. 1-15-2359 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2016 IL App (1st 152359-U SIXTH DIVISION June 17, 2016 No. 1-15-2359 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

FALSE CLAIMS ACT STATUTORY LANGUAGE

FALSE CLAIMS ACT STATUTORY LANGUAGE 33 U.S.C. 3729-33 FALSE CLAIMS ACT STATUTORY LANGUAGE 31 U.S.C. 3729. False claims (a) LIABILITY FOR CERTAIN ACTS. (1) IN GENERAL. Subject to paragraph (2), any person who (A) knowingly presents, or causes

More information

In The NO. 14-98-00234-CV. UNITED STATES AUTOMOBILE ASSOCIATION, Appellant

In The NO. 14-98-00234-CV. UNITED STATES AUTOMOBILE ASSOCIATION, Appellant Affirmed and Opinion filed January 13, 2000. In The Fourteenth Court of Appeals NO. 14-98-00234-CV UNITED STATES AUTOMOBILE ASSOCIATION, Appellant V. UNDERWRITERS AT INTEREST and STEVEN RICHARD BISHOP,

More information

HARVEY KRUSE, P.C. BAD FAITH

HARVEY KRUSE, P.C. BAD FAITH HARVEY KRUSE, P.C. BAD FAITH Prepared By: Michael F. Schmidt P25213 HARVEY KRUSE, P.C. 1050 Wilshire Drive, Suite 320 Troy, MI 48084 (248) 649-7800 Fax (248) 649-2316 A. INTRODUCTION Subject to specific

More information

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order

More information

UNINSURED AND UNDERINSURED MOTORIST UPDATE

UNINSURED AND UNDERINSURED MOTORIST UPDATE UNINSURED AND UNDERINSURED MOTORIST UPDATE Presented and Prepared by: Dana J. Hughes dhughes@heylroyster.com Rockford, Illinois 815.963.4454 Heyl, Royster, Voelker & Allen PEORIA SPRINGFIELD URBANA ROCKFORD

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Acuity v. Decker, 2015 IL App (2d) 150192 Appellate Court Caption ACUITY, Plaintiff-Appellant, v. DONALD DECKER, Defendant- Appellee (Groot Industries, Inc., Defendant).

More information

2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 10/15/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th 140227-U NO. 5-14-0227

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Safeway Insurance Co. v. Hadary, 2014 IL App (1st) 132554 Appellate Court Caption SAFEWAY INSURANCE COMPANY, Plaintiff and Counterdefendant-Appellee, v. JEFFREY

More information

2014 IL App (1st) 123454-U No. 1-12-3454 February 11, 2014 Modified Upon Rehearing April 30, 2014 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

2014 IL App (1st) 123454-U No. 1-12-3454 February 11, 2014 Modified Upon Rehearing April 30, 2014 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2014 IL App (1st) 123454-U No. 1-12-3454 February 11, 2014 Modified Upon Rehearing April 30, 2014 THIRD DIVISION NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: DAVID L. TAYLOR THOMAS R. HALEY III Jennings Taylor Wheeler & Haley P.C. Carmel, Indiana ATTORNEY FOR APPELLEES: DOUGLAS D. SMALL Foley & Small South Bend, Indiana

More information

JUSTICE HOFFMAN delivered the opinion of the court: American Family Insurance Company (American Family) appeals

JUSTICE HOFFMAN delivered the opinion of the court: American Family Insurance Company (American Family) appeals FIRST DIVISION FILED: October 12, 2010 No. 1-10-0216 AMERICAN FAMILY MUTUAL INSURANCE APPEAL FROM THE COMPANY, as subrogee of MICHAEL P. CIRCUIT COURT OF McGRATH, JR., COOK COUNTY Plaintiff-Appellant,

More information

Contingent Fee Agreement Basics

Contingent Fee Agreement Basics WARNING AND DISCLAIMER: This information was prepared by The Bar Plan and is for general information purposes only. It should not be construed as legal advice or legal opinion with regard to any specific

More information

2015 IL App (2d) 141168-U No. 2-14-1168 Order filed October 15, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT

2015 IL App (2d) 141168-U No. 2-14-1168 Order filed October 15, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT No. 2-14-1168 Order filed October 15, 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule

More information

2014 IL App (1st) 130250-U. No. 1-13-0250 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2014 IL App (1st) 130250-U. No. 1-13-0250 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2014 IL App (1st) 130250-U FIFTH DIVISION September 12, 2014 No. 1-13-0250 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION CIVIL SECTION

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION CIVIL SECTION IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION CIVIL SECTION LOUISE FOSTER Administrator of the : AUGUST TERM 2010 Estate of GEORGE FOSTER : and BARBARA DILL : vs.

More information

2016 IL App (1st) U. No FIFTH DIVISION April 29, 2016 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2016 IL App (1st) U. No FIFTH DIVISION April 29, 2016 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2016 IL App (1st) 150195-U No. 1-15-0195 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Huizenga v. Auto-Owners Insurance, 2014 IL App (3d) 120937 Appellate Court Caption DAVID HUIZENGA and BRENDA HUIZENGA, Plaintiffs- Appellants, v. AUTO-OWNERS INSURANCE,

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANT: NICHOLAS C. DEETS Hovde Dassow & Deets LLC Indianapolis, Indiana ATTORNEY FOR APPELLEE: ROBERT A. DURHAM State Farm Litigation Counsel Indianapolis, Indiana IN THE

More information

2015 IL App (1st) 150714-U. No. 1-15-0714 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 150714-U. No. 1-15-0714 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 150714-U SIXTH DIVISION September 30, 2015 No. 1-15-0714 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS ESTATE OF TIMOTHY HUGHES, Plaintiff-Appellee, UNPUBLISHED January 23, 2007 v No. 259987 Oakland Circuit Court CITIZENS INSURANCE COMPANY, LC No. 2000-024949-CZ and Defendant/Cross-Defendant-

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B254585

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B254585 Filed 2/26/15 Vega v. Goradia CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD. Case: 14-11987 Date Filed: 10/21/2014 Page: 1 of 11 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-11987 Non-Argument Calendar Docket No. 1:13-cv-02128-WSD PIEDMONT OFFICE

More information

CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE

CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE AND WORKERS COMPENSATION Melissa Healy INTRODUCTION In Cundiff v. State Farm Mutual Automobile Insurance Co., the Arizona Supreme Court

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

HILTON HARRISBURG & TOWERS

HILTON HARRISBURG & TOWERS UNFAIR CLAIMS SETTLEMENT PRACTICES (REGULATIONS) AND PRIVACY OF CONSUMER FINANCIAL INFORMATION (REGULATIONS) THEIR POTENTIAL IMPACT UPON BAD FAITH ACTIONS Presented By: Jay Barry Harris, Esquire Krista

More information

Before the recent passage of CRS 10-1-135, claims for subrogation

Before the recent passage of CRS 10-1-135, claims for subrogation Reproduced by permission. 2011 Colorado Bar Association, 40 The Colorado Lawyer 41 (February 2011). All rights reserved. TORT AND INSURANCE LAW CRS 10-1-135 and the Changing Face of Subrogation Claims

More information

Present: Williams, C.J., Lederberg, Bourcier, Flanders, and Goldberg, JJ. O P I N I O N

Present: Williams, C.J., Lederberg, Bourcier, Flanders, and Goldberg, JJ. O P I N I O N Supreme Court No. 2000-205-Appeal. (PC 99-4922) John J. McVicker et al. v. Travelers Insurance Company et al. : : : Present: Williams, C.J., Lederberg, Bourcier, Flanders, and Goldberg, JJ. O P I N I O

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 10/11/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT ED AGUILAR, Plaintiff and Respondent, v. B238853 (Los Angeles County

More information

TABLE OF CONTENTS INSURANCE BAD FAITH CLAIMS IN COLORADO. Exhibit 1A Bad Faith Case Outcomes 2.1 INSURED S REMEDIES LIMITED UNDER CONTRACT LAW

TABLE OF CONTENTS INSURANCE BAD FAITH CLAIMS IN COLORADO. Exhibit 1A Bad Faith Case Outcomes 2.1 INSURED S REMEDIES LIMITED UNDER CONTRACT LAW TABLE OF CONTENTS Chapter 1 INSURANCE BAD FAITH CLAIMS IN COLORADO Exhibit 1A Bad Faith Case Outcomes Chapter 2 TORT VERSUS CONTRACT REMEDIES 2.1 INSURED S REMEDIES LIMITED UNDER CONTRACT LAW 2.2 EXPANDED

More information

Fiscal Year 2014 Report to the Maryland General Assembly on Absence of Good Faith Cases Filed under 27-1001 of the Maryland Insurance Article MSAR #

Fiscal Year 2014 Report to the Maryland General Assembly on Absence of Good Faith Cases Filed under 27-1001 of the Maryland Insurance Article MSAR # Fiscal Year 2014 Report to the Maryland General Assembly on Absence of Good Faith Cases Filed under 27-1001 of the Maryland Insurance Article MSAR # 6587 Therese M. Goldsmith, Commissioner December 15,

More information

BAD FAITH INSTRUCTIONS Introduction

BAD FAITH INSTRUCTIONS Introduction BAD FAITH INSTRUCTIONS Introduction These instructions are not materially changed from RAJI (CIVIL) 4th. The duty of good faith and fair dealing is implied in every contract. Rawlings v. Apodaca, 151 Ariz.

More information

Nos. 2 09 1120, 2 10 0146, 2 10 0781 cons. Order filed February 18, 2011 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT

Nos. 2 09 1120, 2 10 0146, 2 10 0781 cons. Order filed February 18, 2011 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT Order filed February 18, 2011 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). IN

More information

2013 CASE LAW SUMMARY. Insurance Coverage. Citizens Prop. Ins. Corp. v. Casar, 104 So. 3d 384 (Fla. 3d DCA, 2013)

2013 CASE LAW SUMMARY. Insurance Coverage. Citizens Prop. Ins. Corp. v. Casar, 104 So. 3d 384 (Fla. 3d DCA, 2013) 2013 CASE LAW SUMMARY Insurance Coverage Appraisal Citizens Prop. Ins. Corp. v. Casar, 104 So. 3d 384 (Fla. 3d DCA, 2013) The Third District reversed an order granting Casar s Motion to Compel Appraisal.

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS BRONSON HEALTH CARE GROUP, INC., d/b/a BRONSON METHODIST HOSPITAL, Plaintiff-Appellant, FOR PUBLICATION March 15, 2016 9:05 a.m. v No. 324847 Kalamazoo Circuit Court

More information

2013 IL App (5th) 120093WC-U NO. 5-12-0093WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION

2013 IL App (5th) 120093WC-U NO. 5-12-0093WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION NOTICE Decision filed 08/20/13. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2013 IL App (5th 120093WC-U NO. 5-12-0093WC

More information

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

IN THE SUPREME COURT OF THE STATE OF ILLINOIS Docket No. 107472. IN THE SUPREME COURT OF THE STATE OF ILLINOIS ZURICH AMERICAN INSURANCE COMPANY, Appellant, v. KEY CARTAGE, INC., et al. Appellees. Opinion filed October 29, 2009. JUSTICE BURKE delivered

More information

ILLINOIS OFFICIAL REPORTS

ILLINOIS OFFICIAL REPORTS ILLINOIS OFFICIAL REPORTS Appellate Court Auto-Owners Insurance Co. v. Yocum, 2013 IL App (2d) 111267 Appellate Court Caption AUTO-OWNERS INSURANCE COMPANY, Plaintiff and Counterdefendant-Appellant and

More information

No. 3 10 0439. Order filed April 25, 2011 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2011

No. 3 10 0439. Order filed April 25, 2011 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2011 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). No. 3 10 0439 Order filed April

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS JAMES PERKINS, Plaintiff-Appellee, FOR PUBLICATION July 18, 2013 9:00 a.m. v No. 310473 Grand Traverse Circuit Court AUTO-OWNERS INSURANCE COMPANY, LC No. 2011-028699-NF

More information

Illinois Association of Defense Trial Counsel, P.O. Box 7288, Springfield, IL 62791 IDC Quarterly Vol. 9, No. 4 PROPERTY INSURANCE

Illinois Association of Defense Trial Counsel, P.O. Box 7288, Springfield, IL 62791 IDC Quarterly Vol. 9, No. 4 PROPERTY INSURANCE PROPERTY INSURANCE By: Michael S. Sherman Chuhak & Tecson P.C. Chicago Examinations Under Oath: What Are They and Where Do They Come From An examination under oath (EUO) is one of many tools an insurer

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellee No WDA 2012

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellee No WDA 2012 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 KENNETH ASHLEY Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA CINDY ASHLEY AND/OR NATIONWIDE MUTUAL INSURANCE COMPANY v. Appellee No. 1486 WDA

More information

THE TEXAS PROMPT PAYMENT OF CLAIMS STATUTE AND ITS APPLICATION TO THE DUTY TO DEFEND

THE TEXAS PROMPT PAYMENT OF CLAIMS STATUTE AND ITS APPLICATION TO THE DUTY TO DEFEND THE TEXAS PROMPT PAYMENT OF CLAIMS STATUTE AND ITS APPLICATION TO THE DUTY TO DEFEND January 8, 2008 THOMPSON COE I. INTRODUCTION The purpose of this article is to provide the insurance claims handler

More information

2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 141985-U No. 1-14-1985 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

More information

2012 IL App (5th) 100579-U NO. 5-10-0579 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2012 IL App (5th) 100579-U NO. 5-10-0579 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 05/03/12. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2012 IL App (5th) 100579-U NO. 5-10-0579

More information

IN THE COURT OF APPEALS OF IOWA. No Filed December 23, Appeal from the Iowa District Court for Marshall County, Michael J.

IN THE COURT OF APPEALS OF IOWA. No Filed December 23, Appeal from the Iowa District Court for Marshall County, Michael J. IN THE COURT OF APPEALS OF IOWA No. 14-1240 Filed December 23, 2015 DORETTA DILLEY and JAN C. DILLEY, Plaintiffs-Appellants, vs. AUTO-OWNERS INSURANCE GROUP, AUTO-OWNERS INSURANCE COMPANY, and OWNERS INSURANCE

More information

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 01/23/14. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2014 IL App (5th) 120588-U NO. 5-12-0588

More information

SUPREME COURT OF ALABAMA

SUPREME COURT OF ALABAMA REL: 06/30/2011 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate

More information

2013 IL App (1st) 122479 - U SECOND DIVISION May 14, 2013. No. 1-12-2479

2013 IL App (1st) 122479 - U SECOND DIVISION May 14, 2013. No. 1-12-2479 2013 IL App (1st) 122479 - U SECOND DIVISION May 14, 2013 No. 1-12-2479 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

IN COURT OF APPEALS. DECISION DATED AND FILED July 16, 2015. Appeal No. 2014AP157 DISTRICT IV DENNIS D. DUFOUR, PLAINTIFF-APPELLANT-CROSS-RESPONDENT,

IN COURT OF APPEALS. DECISION DATED AND FILED July 16, 2015. Appeal No. 2014AP157 DISTRICT IV DENNIS D. DUFOUR, PLAINTIFF-APPELLANT-CROSS-RESPONDENT, COURT OF APPEALS DECISION DATED AND FILED July 16, 2015 Diane M. Fremgen Clerk of Court of Appeals NOTICE This opinion is subject to further editing. If published, the official version will appear in the

More information

57 of 62 DOCUMENTS. No. 5-984 / 05-0037 COURT OF APPEALS OF IOWA. 2006 Iowa App. LEXIS 172. March 1, 2006, Filed

57 of 62 DOCUMENTS. No. 5-984 / 05-0037 COURT OF APPEALS OF IOWA. 2006 Iowa App. LEXIS 172. March 1, 2006, Filed Page 1 57 of 62 DOCUMENTS JAMES C. GARDNER, JR., Plaintiff-Appellant, vs. HEARTLAND EXPRESS, INC., and NATIONAL UNION FIRE INSURANCE COMPANY, Defendants-Appellees. No. 5-984 / 05-0037 COURT OF APPEALS

More information

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION The plaintiff in Schmidt filed suit against her employer, Personalized Audio Visual, Inc. ("PAV") and PAV s president, Dennis Smith ("Smith"). 684 A.2d at 68. Her Complaint alleged several causes of action

More information

No. 1-11-1354 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

No. 1-11-1354 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2012 IL App (1st 1111354-U SIXTH DIVISION April 20, 2012 No. 1-11-1354 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any

More information

ESTATE OF JOHN JENNINGS. WILLIAM CUMMING et al. entered in the Superior Court (Waldo County, R. Murray, J.) finding George liable

ESTATE OF JOHN JENNINGS. WILLIAM CUMMING et al. entered in the Superior Court (Waldo County, R. Murray, J.) finding George liable MAINE SUPREME JUDICIAL COURT Decision: 2013 ME 103 Docket: Wal-13-175 Argued: October 7, 2013 Decided: November 26, 2013 Reporter of Decisions Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN

More information

In the Missouri Court of Appeals Eastern District

In the Missouri Court of Appeals Eastern District In the Missouri Court of Appeals Eastern District DIVISION TWO FRANCIS GRAHAM, ) No. ED97421 ) Respondent, ) Appeal from the Circuit Court ) of St. Louis County vs. ) ) Honorable Steven H. Goldman STATE

More information

Illinois Fund Doctrine

Illinois Fund Doctrine Illinois Fund Doctrine Illinois Association of Defense Trial Counsel By: Michael Todd Scott State Farm Insurance Company, Bloomington The Illinois Fund Doctrine, Can It Be Avoided? I. Introduction Since

More information

COURT ORDER STANDARD OF REVIEW STATEMENT OF FACTS

COURT ORDER STANDARD OF REVIEW STATEMENT OF FACTS DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO 1437 Bannock Street Denver, CO 80202 Plaintiffs: JON C. COOK, an individual, and THE LUMBERYARDS DEVELOPMENT, L.L.C., a Colorado Limited Liability Company,

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS JAMES HENDRICK, v Plaintiff-Appellant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, UNPUBLISHED May 24, 2007 No. 275318 Montcalm Circuit Court LC No. 06-007975-NI

More information

ILLINOIS OFFICIAL REPORTS

ILLINOIS OFFICIAL REPORTS ILLINOIS OFFICIAL REPORTS Appellate Court Hart v. Kieu Le, 2013 IL App (2d) 121380 Appellate Court Caption LYNETTE Y. HART, Plaintiff-Appellant, v. LOAN KIEU LE, Defendant-Appellee. District & No. Second

More information

2015 IL App (3d) 140144-U. Order filed September 2, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015

2015 IL App (3d) 140144-U. Order filed September 2, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 140144-U Order filed

More information

2012 IL App (1st) 120754-U. No. 1-12-0754 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2012 IL App (1st) 120754-U. No. 1-12-0754 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2012 IL App (1st) 120754-U FIRST DIVISION December 3, 2012 No. 1-12-0754 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

AGUIRRE v. UNION PACIFIC RR. CO. 597 Cite as 20 Neb. App. 597. N.W.2d

AGUIRRE v. UNION PACIFIC RR. CO. 597 Cite as 20 Neb. App. 597. N.W.2d AGUIRRE v. UNION PACIFIC RR. CO. 597 At the hearing on the motion to withdraw his plea, he requested that the court take judicial notice of a six-page portion of the U.S. statutes. The court took judicial

More information

DUTY TO SETTLE WHEN FACED WITH MULTIPLE CLAIMS AND LIMITED POLICY LIMITS ABOUT THE AUTHORS

DUTY TO SETTLE WHEN FACED WITH MULTIPLE CLAIMS AND LIMITED POLICY LIMITS ABOUT THE AUTHORS DUTY TO SETTLE WHEN FACED WITH MULTIPLE CLAIMS AND LIMITED POLICY LIMITS ABOUT THE AUTHORS Jay Barry Harris is a proud member of the International Association of Defense Counsel. As a named partner at

More information

CIVIL PROCEDURE FINAL EXAMINATION Ventura College of Law Spring 2004 Instructor: Craig Smith QUESTION 1

CIVIL PROCEDURE FINAL EXAMINATION Ventura College of Law Spring 2004 Instructor: Craig Smith QUESTION 1 CIVIL PROCEDURE FINAL EXAMINATION Ventura College of Law Spring 2004 Instructor: Craig Smith QUESTION 1 Moe was a contestant on a TV reality show, Law School Survivor. Prior to being permitted to participate

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-16065. D.C. Docket No. 2:12-cv-14312-KMM. versus

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-16065. D.C. Docket No. 2:12-cv-14312-KMM. versus Case: 12-16065 Date Filed: 09/19/2013 Page: 1 of 20 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-16065 D.C. Docket No. 2:12-cv-14312-KMM BETTY BOLLINGER, versus

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ALFREDO MEJIA, ) ) Appellant, ) ) v. ) Case No. 2D13-2248 ) CITIZENS

More information

SUPERIOR COURT OF WASHINGTON FOR THURSTON COUNTY

SUPERIOR COURT OF WASHINGTON FOR THURSTON COUNTY THE HONORABLE CAROL MURPHY 1 1 1 1 1 SUPERIOR COURT OF WASHINGTON FOR THURSTON COUNTY TARVA LEE, ) ) No: --00- Plaintiff, ) ) v. ) COMPLAINT FOR BREACH OF ) CONTRACT, BAD FAITH, FARMERS INSURANCE COMPANY

More information

NO. 4-09-0753 Filed 6/21/10 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT ) ) ) ) ) ) ) ) PRESIDING JUSTICE MYERSCOUGH delivered the opinion of

NO. 4-09-0753 Filed 6/21/10 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT ) ) ) ) ) ) ) ) PRESIDING JUSTICE MYERSCOUGH delivered the opinion of NO. 4-09-0753 Filed 6/21/10 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT CHARLES DALLAS, Plaintiff-Appellee and Cross-Appellant, v. AMEREN CIPS, Defendant-Appellant and Cross-Appellee. ) ) ) ) )

More information

Recent Case Update. Insurance Stacking UIM Westra v. State Farm Mutual Automobile Insurance Company (Court of Appeals, 13 AP 48, June 18, 2013)

Recent Case Update. Insurance Stacking UIM Westra v. State Farm Mutual Automobile Insurance Company (Court of Appeals, 13 AP 48, June 18, 2013) Recent Case Update VOL. XXII, NO. 2 Summer 2013 Insurance Summary Judgment Stacking UIM Saladin v. Progressive Northern Insurance Company (Court of Appeals, 12 AP 1649, June 4, 2013) On August 26, 2010,

More information

JUSTICE G. STEVEN AGEE v. Record No. 061304 June 8, 2007. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Michael P. McWeeney, Judge

JUSTICE G. STEVEN AGEE v. Record No. 061304 June 8, 2007. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Michael P. McWeeney, Judge PRESENT: ALL THE JUSTICES MARK FIVE CONSTRUCTION, INC., TO THE USE OF AMERICAN ECONOMY INSURANCE CO. OPINION BY JUSTICE G. STEVEN AGEE v. Record No. 061304 June 8, 2007 CASTLE CONTRACTORS, ET AL. FROM

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KATHLEEN M. KELLY : CIVIL ACTION : v. : : No. 09-1641 NATIONAL LIABILITY & FIRE : INSURANCE COMPANY : MEMORANDUM Ludwig. J.

More information

BAD FAITH LAW IN INDIANA

BAD FAITH LAW IN INDIANA BAD FAITH LAW IN INDIANA CINCINNATI, OH COLUMBUS, OH DETROIT, MI FT. MITCHELL, KY ORLANDO, FL SARASOTA, FL www.smithrolfes.com 2012 I. OVERVIEW OF INDIANA BAD FAITH LAW Indiana recognizes a common-law

More information

ILLINOIS OFFICIAL REPORTS

ILLINOIS OFFICIAL REPORTS ILLINOIS OFFICIAL REPORTS Appellate Court Illinois Farmers Insurance Co. v. Keyser, 2011 IL App (3d) 090484 Appellate Court Caption ILLINOIS FARMERS INSURANCE COMPANY, Plaintiff-Appellant, v. CHARLES W.

More information

In the Court of Appeals of Georgia

In the Court of Appeals of Georgia FOURTH DIVISION DOYLE, P. J., ANDREWS, P. J., and BOGGS, J. NOTICE: Motions for reconsideration must be physically received in our clerk s office within ten days of the date of decision to be deemed timely

More information

THE IMPACT OF A POLICYHOLDER S MISREPRESENTATIONS IN ILLINOIS JOHN D. DALTON AND MARK A. SWANTEK

THE IMPACT OF A POLICYHOLDER S MISREPRESENTATIONS IN ILLINOIS JOHN D. DALTON AND MARK A. SWANTEK THE IMPACT OF A POLICYHOLDER S MISREPRESENTATIONS IN ILLINOIS JOHN D. DALTON AND MARK A. SWANTEK An insurer s options when the insured is making misrepresentations depend on the timing of those misrepresentations

More information

2012 WI APP 17 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION

2012 WI APP 17 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION 2012 WI APP 17 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 2011AP2 Petition for Review Filed Complete Title of Case: ARTISAN & TRUCKERS CASUALTY CO. AND PROGRESSIVE CASUALTY INSURANCE COMPANY,

More information

UNITED STATES COURT OF APPEALS FIFTH CIRCUIT. No. 94-11035. (Summary Calendar) GLEN R. GURLEY and JEAN E. GURLEY, AMERICAN STATES INSURANCE COMPANY,

UNITED STATES COURT OF APPEALS FIFTH CIRCUIT. No. 94-11035. (Summary Calendar) GLEN R. GURLEY and JEAN E. GURLEY, AMERICAN STATES INSURANCE COMPANY, UNITED STATES COURT OF APPEALS FIFTH CIRCUIT No. 94-11035 (Summary Calendar) GLEN R. GURLEY and JEAN E. GURLEY, Plaintiffs-Appellants, versus AMERICAN STATES INSURANCE COMPANY, Defendant-Appellee. Appeal

More information

INSURANCE AND MISSOURI LAW

INSURANCE AND MISSOURI LAW INSURANCE AND MISSOURI LAW After suffering a significant injury, most people understandably concentrate on the relatively straightforward elements of damages and liability. In doing so, however, injured

More information

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE December 1, 2003 Session

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE December 1, 2003 Session IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE December 1, 2003 Session FARMERS MUTUAL OF TENNESSEE v. ATHENS INSURANCE AGENCY, CHARLES W. SPURLING and wife, CAROLYN SPURLING Direct Appeal from the

More information

2015 IL App (1st) 140790-U. No. 1-14-0790 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 140790-U. No. 1-14-0790 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st 140790-U THIRD DIVISION March 25, 2015 No. 1-14-0790 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX Filed 5/19/97 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff and Respondent, 2d Civil

More information

FLOYD-TUNNELL V. SHELTER MUT. INS. CO.: WRONGFUL DEATH CLAIMS AND UNINSURED MOTORIST COVERAGE

FLOYD-TUNNELL V. SHELTER MUT. INS. CO.: WRONGFUL DEATH CLAIMS AND UNINSURED MOTORIST COVERAGE FLOYD-TUNNELL V. SHELTER MUT. INS. CO.: WRONGFUL DEATH CLAIMS AND UNINSURED MOTORIST COVERAGE INTRODUCTION Rebecca Floyd-Tunnell and Doris Floyd ( Appellants ) filed suit against Shelter Mutual Insurance

More information

2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2016 IL App (1st) 133918-U No. 1-13-3918 SIXTH DIVISION May 6, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

THOMAS B. ALEXANDER WILLIAM M. GAGE DISPOSITION: AFFIRMED - 11/14/96 MOTION FOR REHEARING FILED: 12/4/96 MANDATE ISSUED: 2/6/97 EN BANC.

THOMAS B. ALEXANDER WILLIAM M. GAGE DISPOSITION: AFFIRMED - 11/14/96 MOTION FOR REHEARING FILED: 12/4/96 MANDATE ISSUED: 2/6/97 EN BANC. IN THE SUPREME COURT OF MISSISSIPPI NO. 94-CT-00355-SCT ALMA MCCOY, ADMINISTRATRIX OF THE ESTATE OF EARNEST SELBY MCCOY v. SOUTH CENTRAL BELL TELEPHONE COMPANY ON PETITION FOR WRIT OF CERTIORARI DATE OF

More information