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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 → The post Number of Occurrences for Toxic Torts appeared first on Commercial General Liability Dispatch.…
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 Constr. Conts., Inc., 329 Ill.App.3d 228 (2d Dist. 2002); Commonwealth Edison Co. v. National Union Fire Ins. Co. of Pittsburgh, PA., 323 Ill.App.3d 970 (1st Dist. 2001).  In most additional insured coverage cases, two factors are critical to the outcome. The first is the wording of the additional insured endorsement, and the second is the extent to which facts outside the…
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 be aggregated to satisfy the $75,000 jurisdictional minimum for federal diversity jurisdiction of the coverage suit. The second was whether the endorsement American Family added to the policy restricting coverage for TCPA claims and other statutory violation claims was valid, and whether American Family complied with Missouri notice requirements for making substantive changes to policies. St. Louis Heart Center,…