Major Illinois Insurance Coverage Decisions From 2017
By Jonathan Schwartz and Colin Willmott ( January 4, 2018, 1:39 PM EST) -- Several significant decisions in 2017 by the Illinois Appellate Court and one federal district court should prove influential in shaping Illinois coverage jurisprudence. We first discuss a trio of cases that considered foundational concepts, such as the duty to defend, burdens of proof and the prematurity doctrine. We next explore an appellate court case that creates uncertainty regarding the rules of communication between an insurer and insured. We then address a decision highlighting the importance of communication between an insured and its insurer and the corresponding problems which may arise when that communication is lacking. We finally evaluate a federal district court decision reminding insurers of the draconian consequences of breaching their duty to defend....
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