Court Applied Wrong State Law In Ruling Exclusion Is Invalid, Panel Says, Remands

(May 24, 2016, 10:46 AM EDT) -- CHICAGO — An Illinois appeals panel held May 23 that because an actual conflict exists between the notice required under Illinois and Indiana laws when a new exclusion is added to an insurance policy upon renewal, a lower court should have applied Indiana law in determining whether a Telephone Consumer Protection Act (TCPA) conduct exclusion barred coverage for an underlying class action lawsuit against an insured (Cincinnati Insurance Co. v. Arnold Chapman and C.T. Phoenix of Indiana, Inc., No. 1-15-0919, Ill. App., 1st Dist., 1st Div.;...
To view the full article, register now.