Illinois Tool Works purchased commercial liability policies many years ago from Travelers Casualty Surety Co. and Century Indemnity Co. They were purchased by Illinois Tool Works for the years 1971 through 1987.The policies were designed to have the insurance companies defend Illinois Tool Works against toxic-tort injury complaints that did…
Articles Posted in Insurance Claims
Illinois Appellate Court Dismisses Appeal That Was Not Final
The Illinois Appellate Court dismissed an appeal taken from the Circuit Court of Cook County. This case involved Isaiah DeLaCruz, who was hit by a car while crossing a Chicago street. An uninsured motorist was driving the vehicle that struck DeLaCruz. However, it was determined that the vehicle was used as a…
Insurance Coverage Wins Out in Loading Car Claim at Menards
The Illinois Third District Appellate Court has held that the large hardware chain Menards was entitled to insurance coverage under the automobile insurance policy issued to the insured, the customer, who was injured while a Menards employee loaded her car. In this case, Ruby Bohlen purchased gravel and bricks from a…
Allstate Saddled with 1 Million “excess judgment” Following Motorcycle Accident
The Illinois Appellate Court has ruled in favor of a motorcycle rider who lost a leg in an accident and sought a $1 million judgment against Allstate Insurance Co. This decision might have gone differently for Allstate, but the insurer made several very serious errors in its handling of the…
Illinois Appellate Court Denies Hospital its Lien Claim in Auto Crash Injury Case; Jayko v. Fraczek
Eleven-year-old A.J. was injured in an automobile crash and was taken for treatment to St. Alexius Medical Center in Hoffman Estates. The bills that were sent by the hospital to the boy’s parents featured the crest of Alexian Brothers Catholic order and, in large font, the name “Alexian Brothers.” Below…
Wrongful Death in Tractor-Trailer Head-On Crash Leads to Insurance Coverage Fight; Coca-Cola Enterprises, Inc. v. ATS Enterprises
In this case the parties fought over the insurance policies arising out of the wrongful death of Daniel Zacha, an employee of S&S Service Co. Mr. Zacha was driving a tractor-trailer owned by Coca-Cola Enterprises back to the S&S garage for repairs; in the process, he caused a head-on crash…
Illinois Appellate Court Limits Uninsured Motorist Claim for Workers’ Compensation Benefit Claim – Burcham v. West Bend Mut. Ins. Co.
An Illinois employee who was involved in a car accident during the course of his employment sought to recoup payments from both his employer’s workers’ compensation policy and its car insurance policy. When the insurance company denied his claims, the employee filed a lawsuit in order to recoup those costs.…
Insurance Company Owed Duty to Defend Claim for Negligent Spoliation of Evidence Because the Vehicle Loss Was Tangible Property – Universal v. LKQ
The Illinois Appellate Court recently ruled on a spoliation claim in a product liability lawsuit arising out of a 2004 car accident. The trial court had ruled that the insurer for the defendant vehicle salvage company did not have to contribute to any settlement that might arise out the salvage…
Texting, Driving, and Causing Accidents is Still Insured
Cell phones have made it easier for people to stay connected and to access data while on the go. However, cell phones can cause car accidents, whether the driver is using them to talk or to text. And while many states, including Illinois, have passed bans on the use of…
No Bad Faith for Insurance Company’s Delay in Payment to Insured – Pryor v. United Equitable Insurance Company
It is common knowledge that insurance companies tend to drag their feet when it comes to paying out on insurance policies. Therefore, there are laws in place to prevent insurance companies from acting in bad faith and requiring them to uphold their end of the bargain. However, in the lawsuit…