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.
Northern Illinois University Law Review
Vishneski, John S. III
"The Illinois Supreme Court Gives Policyholders a Break from the Two Front War,"
Northern Illinois University Law Review: Vol. 27:
1, Article 4.
Available at: https://huskiecommons.lib.niu.edu/niulr/vol27/iss1/4
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).