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Document Type

Article

Media Type

Text

Abstract

For many years, Illinois policyholders faced the prospect of a two-front war whenever they submitted a liability insurance claim. Insurers who did not believe they owed coverage could "honor" their duty to defend by filing a lawsuit against their insureds seeking a declaration of non-coverage, thereby forcing their policyholders to defend against the underlying claim and against their own insurer. The Illinois Supreme Court, in the Midwest Sporting Goods case, has brought the two-front war era to an end. As explained in this article, insurers in doubt over coverage must now at least pay their policyholders' defense costs in the underlying claim until they secure a declaration of non-coverage.

First Page

35

Last Page

61

Publication Date

11-1-2006

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Suggested Citation

John S. Vishneski III, The Illinois Supreme Court Gives Policyholders a Break from the Two Front War, 27 N. Ill. U. L. Rev. 35 (2006).

Included in

Law Commons

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