Lower Court Rulings Barring Insurance Companies From Incorporating Certain Language In Illinois Insurance Policies

DeBofsky Sherman Casciari Reynolds P.C. has also secured numerous lower court rulings that have found that a regulation issued by the Illinois Department of Insurance, 50 Ill.Admin.Code § 2001.3, bars insurance companies from incorporating language in their policies that would trigger an arbitrary and capricious standard of review.

Representative examples include:

  • Zuckerman v. United of Omaha Life Ins.Co., 2012 U.S.Dist.LEXIS 128204 (N.D.Ill. September 6, 2012)
  • Schlattman v. United of Omaha Life Ins.Co., 2013 U.S.Dist.LEXIS 85906 (N.D.Ill. June 19, 2013)
  • Curtis v. Hartford Life & Acc.Ins.Co., 2012 U.S.Dist.LEXIS 5423 (N.D.Ill. January 18, 2012)
  • Haines v. Reliance Standard Life Ins.Co., 2010 U.S.Dist.LEXIS 104625 (N.D.Ill. September 9, 2010)

These rulings have prevented insurance companies such as UNITED OF OMAHA LIFE INSURANCE COMPANY (MUTUAL OF OMAHA), RELIANCE STANDARD, and HARTFORD LIFE from gaining an advantage in litigation against its insureds by triggering a judicial standard of review that would favor a denial of benefits.