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Document Type

Article

Media Type

Text

Abstract

This article discusses three recent decisions of the Supreme Court of Illinois on the Illinois Estoppel Doctrine, which holds that an insurer that breaches its duty to defend will be estopped from denying coverage in any action by the insured to collect policy proceeds. The article explains how these decisions resolve disputes about the scope of the doctrine but leave open a crucial issue concerning an insurer's ability to protect against estoppel by promptly seeking a declaratory judgment as to its duties. The article observes that Illinois Appellate Court decisions conflict on the standard for testing the timeliness of such a declaratory action. The article evaluates the approaches taken on that question and recommends a resolution. A prior article by the same authors on the estoppel doctrine also appears as an appendix.

First Page

211

Last Page

253

Publication Date

5-1-2004

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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