2009 Publications

• August 2009 Insurance Law Update
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• Anthony L. Martin
• Timothy C. Sansone
• Tyler C. Thompson



FEATURED ARTICLE
The Pro Rata Clause, the Prisoner’s Dilemma, and Unintended Consequences

RECENT MISSOURI AND EIGHTH CIRCUIT CASES
Insurer doesn't get "second bite at apple": after agreeing to defend underlying suit without reservation of rights, insurer cannot contest coverage in subsequent garnishment action

Insurer not entitled to reimbursement of previously advanced defense costs, and insureds not entitled to reimbursement of attorney’s fees and expenses incurred after insurer’s initial denial of coverage

RECENT ILLINOIS CASES
$2 million aggregate limit applied, not lower per-occurrence limit, because insurer unable to meet burden of proof to show boys entrapped in excavation pit died from single occurrence

False pretenses exclusion applied, such that insurer had no duty to indemnify under business protection policy

27-month delay in providing written notice of suit to CGL carrier breached prompt-notice provision and precluded coverage, regardless of any prior actual notice




• Spring 2009 Products Liability Update
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• W. Wylie Blair
• Mary Anne Mellow



- Illinois Supreme Court's Recent Decision Presents Novel Issues that Will Shape the Future of Asbestos Litigation in Illinois




• March 2009 Insurance Law Update
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• Anthony L. Martin
• Timothy C. Sansone



FEATURED ARTICLE 
Missouri’s Interpretation of “Occurrence” as Defined in Commercial General Liability Policies
 
RECENT MISSOURI CASES 
Property owner could pursue contract claim against insurer, not fraud and negligent misrepresentation claims; similar claims against broker also unavailable
 
$1 million bad faith judgment against insurer refusing to settle within $50,000 policy limits upheld due to multiple improper claims practices
 
Summary judgment upheld for insurer whose policy did not define “driver,” because the purported insured was listed as a driver only for another vehicle not in the accident
 
RECENT ILLINOIS CASES
27-month delay in providing written notice of suit violated policy’s terms and precluded coverage, even if insurer received “actual notice” of the suit orally on six prior occasions
 
Policy exclusions for civil rights violations and zoning and land use determinations are trumped by separate coverage for injuries arising out of illegal discrimination
 
No duty to settle in good faith owed to policy-holding but non-insured medical clinic hit with $2.5 million excess verdict, even if such a duty was owed to clinic’s insured doctor



• Winter 2009 Products Liability Update
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• Fibbens A. Koranteng
• Mary Anne Mellow
• Todd C. Stanton
• Tyler C. Thompson

- Is Your Product Defectively Designed? The Risk-Utility Test v. Consumer-Expectation Test in Missouri and Illinois State Courts 

- Protecting Others: The Duty of Automobile Manufacturers to Parties Outside the Vehicle 

- Significant Developments: Year-in-Review of Missouri State and Federal Court Decisions