Commercial General Liability Dispatch

Author

William McVisk

The Illinois Appellate Court and the Right to Independent Counsel

While the Illinois COVID-19 stay-at-home order continues to keep everyone at home, the First District of the Illinois Appellate Court has been busy. The Court issued two decisions concerning the right to independent counsel and when there may be a… Continue Reading →

Number of Occurrences for Toxic Torts

In most circumstances, Illinois courts have followed the “cause test” for determining the number of occurrences under an occurrence-based insurance policy. E.g., Nicor, Inc. v. Associated Electric & Gas Insurance Services Ltd., 223 Ill. 2d 407, 418-20 (2006). Under the cause… Continue Reading →

Duty to Defend Under Additional Insured Coverage Where Plaintiff’s Employer or Named Insured Not Named in Underlying Complaint

Numerous Illinois cases have considered the question of when an insurer must defend or indemnify an additional insured. E.g., Pekin Ins. Co. v. Centex Homes, 2017 IL App (1st) 153601; National Union Fire Ins. Co. of Pittsburgh, PA. v. R. Olson… Continue Reading →

Federal Jurisdiction for Coverage Claims Involving Class Actions and Required Notice of Policy Changes in Missouri

In American Family Mutual Ins. Co. v. Vein Centers for Excellence, Inc., 912 F.3d 1076 (8th Cir. 2018), the Eighth Circuit considered two questions. The first was whether the claims against an insured in an underlying class action suit could… Continue Reading →

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