Insurer Required to Defend Insured

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The Seventh Circuit Court of Appeals affirmed in part and reversed in part the district court’s decision regarding insurer’s duty to defend. Cincinnati Insurance Company brought action seeking declaration that its policy did not apply to the underlying claims against insured, arising out of automobile accident which resulted in death of insured’s wife. The United … Continued

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Limits to Bad Faith Discovery in Illinois?

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Zagorski v. Allstate Insurance Company, 2016 IL App (5th) 140056 (May 16, 2016) St. Clair Co. (CATES) Affirmed in part, reversed in part, and vacated in part; remanded with directions.  (WELCH and GOLDENHERSH, concurring.) Plaintiffs filed suit against their insurer, Allstate Insurance Company, alleging vexatious breach of contract and common law fraud, under Section 155 … Continued

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How Will the Court Review My Long Term Disability Case?

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In the long anticipated ruling in Fontaine v. Metropolitan Life Ins. Co., No. 14-1984, 2015 U.S. App. (7th Cir. Sept. 4, 2015), the Seventh Circuit affirmed that Illinois’s anti-discretionary clause regulation in 50 Ill. Admin. Code §2001.3, that prohibits discretionary clauses in insured employee benefits plans offered or issued in Illinois, was outside the scope … Continued

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Social Security Agency Rules Proposal

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The  American Bar Association’s House of Delegates recently approved Resolution 106B. The Resolution proposes various reforms to the rulemaking provisions of the Administrative Procedure Act (“APA”), many of which embrace principles endorsed in past Administrative Conference of the United States recommendations.  This project identifies points of overlap, and offers the Conference’s views on non-overlapping portions of the Resolution. … Continued

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Church-Affiliated Organization Benefit Plans Governed by ERISA

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Stapleton v. Advocate Health Care Network, No. 15-1368 (March 17, 2016) N.D. Ill., E. Div. Affirmed The Court begins the decision, “The Employee Retirement Income Security Act (ERISA) protects employees from unexpected losses in their retirement plans by setting forth specific safe- guards for those employee plans. The Act, however, exempts church plans from those … Continued

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