Monthly Archives: May 2016

Limits to Bad Faith Discovery in Illinois?

May 17, 2016 | Blog |

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 of Insurance Code, in handling of their homeowners’ insurance claim.  Defendant insurer argued that the trial court abused its discretion in permitting the Plaintiffs to discover the number of times in the last five years that Allstate (a) was cited by the Illinois Department of […]

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How Will the Court Review My Long Term Disability Case?

May 12, 2016 | Blog |

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 of the preemption power of the Employee Retirement Income Security Act of 1974 (ERISA).  The decision makes clear that the judicial standard of review for all benefits determinations under ERISA plans offered or issued in Illinois is de novo. This ruling confirms a trend of […]

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