Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
32 Illinois opinions name it 2 courts 1992–2025 7 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Baxter International, Inc. v. American Guarantee & Liability Insurancegreen2 sentences2022“An insurer’s delay in settling a claim will not be deemed vexatious or unreasonable for purposes of section 155 sanctions where a bona fide dispute over coverage exists.” Baxter International, Inc. v. American Guarantee & Liability Insurance Co., 369 Ill. 2021“An insurer’s delay in settling a claim will not be deemed vexatious or unreasonable for purposes of section 155 sanctions where a bona fide dispute over coverage exists.” Baxter International, Inc. v. American Guarantee and Liability Insurance Co., 369 Ill. | 7 | 7 |
Employers Insurance v. Ehlco Liquidating Trustgreen2 sentences2020Doyle Trust v. Country Mutual Insurance Co., 2014 IL App (2d) 121238, ¶ 29 , in applying an abuse of discretion standard, the appellate court found that the trial court “drew on its knowledge of the proceedings in deciding that the facts presented did not warrant sanctions.” In Evergreen Real Estate Services, LLC v. Hanover Insurance Co., 2019 IL App (1st) 181867, ¶ 35 , the appellate court observed that section 155 provides that the court “may” impose sanctions when it “appears to the court” that the conduct is vexatious and unreasonable, which suggests that “[w]hether to sanction a party und 2020Doyle Trust v. Country Mutual Insurance Co., 2014 IL App (2d) 121238, ¶ 30 , in applying an abuse of discretion standard, the appellate court found that the trial court “drew on its knowledge of the proceedings in deciding that the facts presented did not warrant sanctions.” In Evergreen Real Estate Services, LLC v. Hanover Insurance Co., 2019 IL App (1st) 181867, ¶ 35 , the appellate court observed that section 155 provides that the court “may” impose sanctions when it “appears to the court” that the conduct is vexatious and unreasonable, which suggests that “[w]hether to sanction a party und | 6 | 8 |
Peerless Enterprise, Inc. v. Krusegreen2 sentences2010See Peerless Enterprise, Inc. v. Kruse, 317 Ill.App.3d 133, 142 , 250 Ill.Dec. 519 , 738 N.E.2d 988 (2000) ("It is well settled that the rights and remedies available under section 155 can be extended to assignees of insureds"). 2010See Peerless Enterprises, Inc. v. Kruse, 317 Ill. | 2 | 4 |
Nine Group II, LLC v. Liberty International Underwriters, Inc.green2 sentences2025See Moles v. Illinois Farmers Insurance Co., 2023 IL App (1st) 220853, ¶ 19 (observing that section 155 “does not create an independent tort for which an insurance company can be held liable” but instead presupposes an action on the policy); Nine Group II, 2020 IL App (1st) 190320, ¶ 44 (noting that section 155 sanctions are improper if a bona fide dispute exists as to coverage). ¶ 30 CONCLUSION ¶ 31 For the reasons stated above, the allegations of the complaint, construed in the light most favorable to Santoyo, fail to state sufficient facts to establish a cause of action upon which relief 8 2023See Nine Group II, LLC v. Liberty International Underwriters, Inc., 2020 IL App (1st) 190320, ¶ 37 (finding a de novo standard of review appropriate where a section 155 claim is disposed of 25 through summary judgment); Illinois Founders Insurance Co. v. Williams, 2015 IL App (1st) 122481, ¶ 29 (same). ¶ 60 Section 155 sanctions are inappropriate where there is a bona fide dispute regarding coverage. | 2 | 2 |
Korte Construction Co. v. American States Insurancegreen2 sentences2018See, e.g. , Korte Construction , 322 Ill. 2018See, e.g., Korte Construction, 322 Ill. | 2 | 2 |
McGee v. State Fam Fire & Casualty Co.green2 sentences2023State Farm Mutual Automobile Insurance Co. v. Smith, 197 Ill. 2d 369, 380 (2001); Nine Group II, 2020 IL App (1st) 190320 , ¶ 44. “ ‘Bona fide’ is defined as ‘[r]eal, actual, genuine, and not feigned.’ ” McGee, 315 Ill. App. 3d at 683 (quoting Black’s Law Dictionary 177 (6th ed. 1990)). 2022A bona fide dispute is one that is “ ‘[r]eal, actual, genuine, and not feigned.’ ” Illinois Founders, 2015 IL App (1st) 122481 , ¶ 32 (quoting McGee v. State Farm Fire & Casualty Co., 315 Ill. | 1 | 3 |
State Farm Mutual Automobile Insurance v. Smithgreen2 sentences2023State Farm Mutual Automobile Insurance Co. v. Smith, 197 Ill. 2d 369, 380 (2001); Nine Group II, 2020 IL App (1st) 190320 , ¶ 44. “ ‘Bona fide’ is defined as ‘[r]eal, actual, genuine, and not feigned.’ ” McGee, 315 Ill. App. 3d at 683 (quoting Black’s Law Dictionary 177 (6th ed. 1990)). 2018State Farm Mutual Automobile Insurance Co. v. Smith , 197 Ill. 2d 369 , 380, 259 Ill.Dec. 18 , 757 N.E.2d 881 (2001). | 1 | 2 |
Moles v. Illinois Farmers Insurance Companygreen2 sentences2025See Moles v. Illinois Farmers Insurance Co., 2023 IL App (1st) 220853, ¶ 19 (observing that section 155 “does not create an independent tort for which an insurance company can be held liable” but instead presupposes an action on the policy); Nine Group II, 2020 IL App (1st) 190320, ¶ 44 (noting that section 155 sanctions are improper if a bona fide dispute exists as to coverage). ¶ 30 CONCLUSION ¶ 31 For the reasons stated above, the allegations of the complaint, construed in the light most favorable to Santoyo, fail to state sufficient facts to establish a cause of action upon which relief 8 2025See Moles v. Illinois Farmers Insurance Co., 2023 IL App (1st) 220853, ¶ 19 (observing that section 155 “does not create an independent tort for which an insurance company can be held liable” but instead presupposes an action on the policy); Nine Group II, 2020 IL App (1st) 190320, ¶ 44 (noting that section 155 sanctions are improper if a bona fide dispute exists as to coverage). ¶ 30 CONCLUSION ¶ 31 For the reasons stated above, the allegations of the complaint, construed in the light most favorable to Santoyo, fail to state sufficient facts to establish a cause of action upon which relief 8 | 1 | 1 |
Martin v. Illinois Farmers Insurancegreen1 sentence2021See Martin v. Illinois Farmers Insurance, 318 Ill. | 1 | 1 |
Mobil Oil Corp. v. Maryland Casualty Co.green2 sentences2018App. 3d 743 , 751-55, 224 Ill.Dec. 237 , 681 N.E.2d 552 (1997) (applying de novo standard of review to a section 155 award made in a grant of summary judgment). ¶ 33 Consistent with this approach, the Appellate Court, First District, has viewed section 155 sanctions, which are discretionary, through the lens of the underlying fact finding. 2018App. 3d 743 , 751-55, 224 Ill.Dec. 237 , 681 N.E.2d 552 (1997) (applying de novo standard of review to a section 155 award made in a grant of summary judgment). ¶ 33 Consistent with this approach, the Appellate Court, First District, has viewed section 155 sanctions, which are discretionary, through the lens of the underlying fact finding. | 1 | 1 |
Valdovinos v. Gallant Insurancegreen1 sentence2018See Valdovinos v. Gallant Insurance , 314 Ill. | 1 | 1 |
West Bend Mutual Insurance v. Nortongreen1 sentence2014See West Bend Mutual Insurance v. Norton, 406 Ill. | 1 | 1 |
Auto-Owners Insurance Co. v. Yocumgreen1 sentence2014App. 3d at 1003 (defining “bona fide” as “real, actual, genuine, and not feigned” (internal quotation marks omitted)); see also Yocum, 2013 IL App (2d) 111267, ¶ 31 (holding that a trial court did not abuse its discretion in declining to impose section 155 sanctions, despite the insurance company erroneously denying coverage). ¶ 32 III. | 1 | 1 |
Dawdy v. Union Pacific RR Co.green1 sentence2014Co., 207 Ill. 2d 167, 177 (2003). ¶ 31 In this case, the trial court did not abuse its discretion in denying the Doyles’ request for section 155 sanctions. | 1 | 1 |
Kohlmeier v. Shelter Insurance Co.green1 sentence2001See Kohlmeier, 170 Ill. | 1 | 1 |
Kinzer v. Fidelity and Deposit Co. of Marylandgreen1 sentence2000Kinzer v. Fidelity & Deposit Co., 273 Ill. | 1 | 1 |
Oldham v. Ehrlichgreen1 sentence1992See, e.g., Oldham v. Ehrlich (8th Cir. 1980), 617 F.2d 163 , 169 (Defendant sued by plaintiff having legal aid counsel should not benefit from the fact plaintiff could not afford private counsel and whether focus is to enable suit by those unable to afford it or to deter misconduct of wrongdoer, legal aid organization merits fee fully as much as private attorney); Blanchard v. Bergeron (1989), 489 U.S. 87, 93-95 , 103 L. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Evergreen Real Estate Services, LLC v. Hanover Insurance Co.
green
2 sentences2020Doyle Trust v. Country Mutual Insurance Co., 2014 IL App (2d) 121238, ¶ 29 , in applying an abuse of discretion standard, the appellate court found that the trial court “drew on its knowledge of the proceedings in deciding that the facts presented did not warrant sanctions.” In Evergreen Real Estate Services, LLC v. Hanover Insurance Co., 2019 IL App (1st) 181867, ¶ 35 , the appellate court observed that section 155 provides that the court “may” impose sanctions when it “appears to the court” that the conduct is vexatious and unreasonable, which suggests that “[w]hether to sanction a party und 2020Doyle Trust v. Country Mutual Insurance Co., 2014 IL App (2d) 121238, ¶ 30 , in applying an abuse of discretion standard, the appellate court found that the trial court “drew on its knowledge of the proceedings in deciding that the facts presented did not warrant sanctions.” In Evergreen Real Estate Services, LLC v. Hanover Insurance Co., 2019 IL App (1st) 181867, ¶ 35 , the appellate court observed that section 155 provides that the court “may” impose sanctions when it “appears to the court” that the conduct is vexatious and unreasonable, which suggests that “[w]hether to sanction a party und | 2 | 2020–2020 |
The John T. Doyle Trust v. Country Mutual Insurance
green
2 sentences2020Doyle Trust v. Country Mutual Insurance Co., 2014 IL App (2d) 121238, ¶ 29 , in applying an abuse of discretion standard, the appellate court found that the trial court “drew on its knowledge of the proceedings in deciding that the facts presented did not warrant sanctions.” In Evergreen Real Estate Services, LLC v. Hanover Insurance Co., 2019 IL App (1st) 181867, ¶ 35 , the appellate court observed that section 155 provides that the court “may” impose sanctions when it “appears to the court” that the conduct is vexatious and unreasonable, which suggests that “[w]hether to sanction a party und 2020Doyle Trust v. Country Mutual Insurance Co., 2014 IL App (2d) 121238, ¶ 30 , in applying an abuse of discretion standard, the appellate court found that the trial court “drew on its knowledge of the proceedings in deciding that the facts presented did not warrant sanctions.” In Evergreen Real Estate Services, LLC v. Hanover Insurance Co., 2019 IL App (1st) 181867, ¶ 35 , the appellate court observed that section 155 provides that the court “may” impose sanctions when it “appears to the court” that the conduct is vexatious and unreasonable, which suggests that “[w]hether to sanction a party und | 2 | 2020–2020 |
Statewide Insurance v. Houston General Insurance
green
2 sentences2018App. 3d 410 , 426, 336 Ill.Dec. 402 , 920 N.E.2d 611 (2009). ¶ 30 Where a bona fide dispute concerning coverage exists, sanctions pursuant to section 155 are inappropriate. 2018App. 3d 410 , 426, 336 Ill.Dec. 402 , 920 N.E.2d 611 (2009). ¶ 30 Where a bona fide dispute concerning coverage exists, sanctions pursuant to section 155 are inappropriate. | 2 | 2012–2018 |
West American Insurance v. Yorkville National Bank
green
2 sentences2010The appellate court affirmed. 388 Ill. 2010The appellate court affirmed. 388 Ill. | 2 | 2010–2010 |
Gaston v. Founders Insurance
green
2 sentences2006Gaston v. Founders Insurance Co., 365 Ill. 2006Gaston v. Founders Insurance Co., 365 Ill. | 2 | 2006–2006 |
Golden Rule Insurance Co. v. Schwartz
green
2 sentences2003The appellate court also ruled that the misrepresentation issue in the case constituted a bona fide dispute which precluded an award of sanctions under section 155. 323 Ill. 2003The appellate court also ruled that the misrepresentation issue in the case constituted a bona fide dispute which precluded an award of sanctions under section 155. 323 Ill. | 2 | 2003–2003 |
Illinois Founders Insurance Company v. Williams
green
2 sentences2022A bona fide dispute is one that is “ ‘[r]eal, actual, genuine, and not feigned.’ ” Illinois Founders, 2015 IL App (1st) 122481 , ¶ 32 (quoting McGee v. State Farm Fire & Casualty Co., 315 Ill. 2022Illinois Founders Insurance Co. v. Williams, 2015 IL App (1st) 122481 , ¶ 32 (indicating that when a bona fide dispute concerning coverage exists, costs and sanctions pursuant to section 155 of the Illinois Insurance Code, 215 ILCS 5/155 (West 2020) are “inappropriate”). | 1 | 2022–2022 |
Cook v. AAA Life Insurance Co.
green
2 sentences2020Cook, 2014 IL App (1st) 123700, ¶ 49 . 2020Cook, 2014 IL App (1st) 123700 , ¶ 49. | 1 | 2020–2020 |
Boyd v. United Farm Mutual Reinsurance Co.
green
1 sentence2018In dicta , the court observed that "[t]he question of whether any given behavior is vexatious and unreasonable is a question of fact ( Boyd v. United Farm Mutual Reinsurance Co ., 231 Ill. | 1 | 2018–2018 |
Zagorski v. Allstate Insurance Company
green
2 sentences2018Zagorski v. Allstate Insurance Co ., 2016 IL App (5th) 140056 , ¶ 27, 403 Ill.Dec. 636 , 54 N.E.3d 296 . ¶ 39 Defendant insists that section 155 sanctions are inappropriate because there was a bona fide dispute over the scope of coverage and the reasonable cost of rebuilding. 2018Zagorski v. Allstate Insurance Co ., 2016 IL App (5th) 140056 , ¶ 27, 403 Ill.Dec. 636 , 54 N.E.3d 296 . ¶ 39 Defendant insists that section 155 sanctions are inappropriate because there was a bona fide dispute over the scope of coverage and the reasonable cost of rebuilding. | 1 | 2018–2018 |
Elder v. Bryant
green
1 sentence2013Section 155 provides: “(1) In any action by or against a company wherein there is in issue the liability of a company on a policy or policies of insurance or the amount of the loss payable thereunder, or for an unreasonable delay in settling a claim, and it appears to the court that such action or delay is vexatious and unreasonable, the court may allow as part of the taxable costs in the action reasonable attorney fees, other costs, plus an amount not to exceed any one of the following amounts: (a) 60% of the amount which the court or jury finds such party is entitled to recover against the c | 1 | 2013–2013 |
Blanchard v. Bergeron
green
2 sentences1992See, e.g., Oldham v. Ehrlich (8th Cir. 1980), 617 F.2d 163 , 169 (Defendant sued by plaintiff having legal aid counsel should not benefit from the fact plaintiff could not afford private counsel and whether focus is to enable suit by those unable to afford it or to deter misconduct of wrongdoer, legal aid organization merits fee fully as much as private attorney); Blanchard v. Bergeron (1989), 489 U.S. 87, 93-95 , 103 L. 1992See, e.g., Oldham v. Ehrlich (8th Cir. 1980), 617 F.2d 163 , 169 (Defendant sued by plaintiff having legal aid counsel should not benefit from the fact plaintiff could not afford private counsel and whether focus is to enable suit by those unable to afford it or to deter misconduct of wrongdoer, legal aid organization merits fee fully as much as private attorney); Blanchard v. Bergeron (1989), 489 U.S. 87, 93-95 , 103 L. | 1 | 1992–1992 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.