Illinois Supreme Court Finds TCPA is Remedial and Not Punitive

Standard Mutual Insurance Co. v. Lay (Ill. May 23, 2013)

By:      Arthur J. McColgan

Insurance companies should take note of a recent decision by the Supreme Court of Illinois, in which the Court determined that the Telephone Consumer Protection Act of 1991 (TCPA) (47 U.S.C. § 227(b)(3) (2006)) is a remedial and not a punitive statute.  The Court did not reconsider the policy changing issue of whether punitive damages should be held to be insurable in Illinois, as it was unnecessary to reach the issue to resolve the appeal.  Currently, punitive damages are uninsurable in Illinois as a matter of public policy.  This ruling means that TCPA statutory damages of $500 per violation are insurable in Illinois. Continue reading

Joyce Noyes will Speak On The Duty to Settle in Good Faith at the Chicago Bar Association

Walker Wilcox Matousek Partner Joyce Noyes will speak on “The Duty to Settle in Good Faith” as part of the Chicago Bar Association CLE presentation “Insurance Law: Keeping The (Good) Faith.”  The live presentation will take place May 20, 2013 from 3:00-6:00 p.m. at 321 S. Plymouth Court, Chicago, IL.  The presentation will also be available as a Webcast, West LegalEdcenter Webcast and DVD rental.  For further information, please see the CBA May 2013 CLE Catalog.

IL Appellate Court Finds No Controversy Over Duty To Defend When Defending Under ROR

By: Joyce F. Noyes & Kyle T. Geiger

Byer Clinic and Chiropractic, Ltd, et al. v. State Farm Fire & Casualty Co., et al. (Ill.App. Mar. 12, 2013)

Insurance companies should take note of a recent decision by the First District of the Illinois appellate court, in which the Court held that a declaratory judgment action filed by an injured party against an insurer is not ripe during the time the insurer is defending the insured tortfeasor subject to a reservation of rights.  The decision is noteworthy because the Court adopted a standard that an actual controversy over insurance coverage does not arise until an insurer denies a defense or otherwise denies coverage, even if it is defending under a reservation of rights.  This ruling will allow insurers to pick the forum for coverage fights because insurers in effect have been granted the authority to determine when a coverage dispute arises. Continue reading

Walker Wilcox Matousek LLP joins The Claims and Litigation Management Alliance (CLM)

The Claims and Litigation Management Alliance (CLM) is an inclusive, collaborative organization that promotes and furthers the highest standards of claims and litigation management and brings together the thought leaders in both industries. CLM’s Members and Fellow include risk and litigation managers, insurance and claims professionals, corporate counsel, outside counsel and third party vendors. The CLM sponsors educational programs, provide resources and fosters communication among all in the industry. To learn more about the CLM, please visit www.TheCLM.org or contact Executive Director Adam Potter at (212) 724-2345.

(Press release from CLM)

WWM hosts webinar on December 4, 2012 entitled “Privacy Breaches & Insurance: 2012 The Year in Review & 2013 What Lies Ahead.”

Join us on December 4, 2012 at 10:00 C.S.T. for “Privacy Breaches & Insurance: 2012 The Year in Review & 2013 What Lies Ahead,” the sixth webinar in our Webinar Series on Cyber and Privacy Breaches and their Insurance Impact.

Our 6th webinar (PDF) will take a look at what 2012 meant for privacy breaches and their insurance impact, plus a preview of the emerging issues we can expect in 2013. The webinar will continue in 2013.For those interested in joining us on December 4 for the presentation, registration details are on the attached invitation.

You can register here for the December 4 webinar – “Privacy Breaches & Insurance: 2012 The Year in Review & 2013 What Lies Ahead.”

We look forward to seeing you in cyber space on the 4th!