After the death of George Floyd last month, riots followed peaceful protests in cities across the country, including Illinois, and many have been overwhelmed by the scale of property damage, looting, and vandalism. As a result, Illinois Governor J.B. Pritzker issued disaster proclamations for 14 counties. To ensure that Illinois insurance consumer rights are protected, the Illinois Department of Insurance implemented Bulletin 2020-15.
Continue Reading Illinois Department of Insurance Requests Insurers Implement Protective Measures for Claims Due to Recent Vandalism and Looting

As discussed in my blog post last week, the coronavirus may impact deadlines for property insurance claims, including deadlines in which to receive replacement cost benefits. To ensure that Illinois insurance consumer rights are protected and that Illinois consumers do not suffer unnecessary hardship during this pandemic, the Illinois Department of Insurance implemented Bulletin 2020-09. In that Bulletin, the Department requested that all insurers licensed or authorized to transact insurance business in Illinois consider implementing certain protective measures.
Continue Reading The Illinois Department of Insurance Requests Property and Casualty Insurers Implement Various Safeguards Due to the Coronavirus Impact

Last year in one of my blogposts, I wrote about Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 and the issue whether appraisal is appropriate to resolve a dispute over the cost of repairing physically undamaged siding of townhome buildings to remedy a mismatch with repaired damaged siding. There, a federal district court in Illinois denied the Association’s motion to compel appraisal on the “matching” issue, reasoning it was a question of coverage, not loss amount, and thus inappropriate for appraisal. This coverage issue was subsequently resolved in favor of the Association, the district court concluding that Philadelphia must replace or pay to replace the siding on all four of the townhome buildings’ elevations if no siding is available that matches the undamaged siding on the north and east elevations, as claimed by the Association.2
Continue Reading The Seventh Circuit Court of Appeals Weighs In On “Matching”

An Illinois Public Insurance Adjuster recently contacted me regarding an insurer’s denial of a smoke damage claim. The facts were as follows. While a condominium unit owner was using the fireplace in the unit (“unit 1”), smoke began to fill up in the condominium unit above (“unit 2”). The condominium association made a claim to its property insurer for the smoke damage to unit 2. Concluding that the fireplace flu in unit 1 was improperly installed, the insurer denied the association’s claim, asserting exclusions for damage caused by or resulting from (1) faulty workmanship (“the faulty workmanship exclusion”) and (2) the discharge or release of pollutants (“the pollution exclusion”).
Continue Reading Where There Is Smoke, There Is… A Denial

The Illinois Department of Insurance’s mission is “[t]o protect consumers by providing assistance and information, by efficiently regulating the insurance industry’s market behavior and financial solvency, and by fostering a competitive insurance marketplace.”
Continue Reading How to File A Complaint With The Illinois Department of Insurance About Your Delaying, Denying, and Bad Treating Insurance Company

Illinois’ solution to an insurance company’s delay, deny and defend tactics is section 155 of the Illinois Insurance Code, which provides an extra-contractual remedy to policyholders whose insurer’s refusal to recognize liability and pay a claim under a policy is vexatious and unreasonable.1 Section 155 of the Code is intended to aid the insured and to discourage insurers from profiting by their superior financial positions while delaying in the payment of contractual obligations.2
Continue Reading Insurance Company’s Long Duration of Negotiations and Stalling Tactics Supports Plaintiff’s Claim for “Bad Faith”

The Illinois Supreme Court recently overturned the Court of Appeals’ decision in American Family Mut. Ins. Co. v. Krop, 82 N.E. 3d 533, 2017 IL App (1st) 161071 (Ill. App. 2017). As discussed in my post on June 14, 2017, the Illinois Appellate Court had concluded that the insured’s claim against their agent for negligent procurement of insurance did not arise until the insured knew or reasonable should have known of the injury, i.e., at the moment when the insurer denied coverage.
Continue Reading Buyer Beware: Negligence Claims Against Your Agent May Arise On The Day You Get Your Policy!

Last year in one of my blogposts, I wrote about Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company, and the issue whether appraisal is appropriate to resolve a dispute over the cost of repairing physically undamaged siding of townhome buildings to remedy a mismatch with repaired damaged siding. There, a federal district court in Illinois denied the Association’s motion to compel appraisal on the “matching” issue, reasoning it was a question of coverage, not loss amount, and inappropriate for appraisal.1
Continue Reading Is a “Matching” Dispute Appropriate for Appraisal? – Update