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32 Illinois opinions name it 1 courts 1979–2023 3 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 |
|---|---|---|
Cramer v. Insurance Exchange Agencygreen2 sentences2016In the breach of contract claim, plaintiffs allege that Allstate vexatiously and unreasonably denied payment of insurance benefits to the plaintiffs in breach of its duties and obligations under the homeowners' insurance contract for which they seek contractual damages and statutory penalties under section 155 of the Code. ¶ 25 Section 155 provides an extracontractual remedy to policyholders when an insurer's action in handling a claim is vexatious and unreasonable. 215 ILCS 5/155 (West 2010); Cramer v. Insurance Exchange Agency, 174 Ill. 2d 513, 518-22 , 675 N.E.2d 11 897, 900-02 (1996). 2004Section 155 sets forth a remedy for “insurer misconduct that does not rise to the level of a well-established tort.” Cramer, 174 Ill. 2d at 527 , 675 N.E.2d at 904 . | 2 | 9 |
McGee v. State Fam Fire & Casualty Co.green2 sentences2020“The attorney fees, costs, and limited penalty provisions of section 155 are an extracontractual remedy intended to make suits by policyholders economically feasible and punish insurance companies for misconduct.” McGee, 315 Ill. 2012App. 3d 710, 722 (2010). “ ‘The attorney fees, costs, and limited penalty provisions of section 155 are an extracontractual remedy intended to make suits by policyholders economically feasible and punish insurance companies for misconduct.’ ” Id. at 722-23 (quoting McGee v. State Farm Fire & Casualty Co., 315 Ill. | 2 | 8 |
Employers Insurance v. Ehlco Liquidating Trustgreen2 sentences2020App. 3d 539, 556 (1989) (providing that the purpose of section 155 is “not only to aid the insured, but also to discourage insurers from profiting by their superior financial positions while 3 E.g., Ehlco, 186 Ill. 2d at 159 (stating that section 155 provides a remedy where an insurer has acted vexatiously and unreasonably in refusing to defend its insured); West American Insurance Co., 334 Ill. 2020The statute provides, in pertinent part, that “[i]n 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 [additional amounts set forth in the statute.]” 215 ILCS 5/155(1) (West 2012). 3 E.g., Ehlco, 186 Ill. 2d at 159 (stating that section | 2 | 3 |
Bedoya v. Illinois Founders Insurancegreen2 sentences2009Bedoya v. Founders Insurance Company, 293 Ill.App.3d 668, 679 , 228 Ill.Dec. 59 , 688 N.E.2d 757, 764 (1997). 2009Bedoya v. Illinois Founders Insurance Co., 293 Ill. | 2 | 3 |
West American Insurance v. J.R. Construction Co.green2 sentences2020App. 3d 539, 556 (1989) (providing that the purpose of section 155 is “not only to aid the insured, but also to discourage insurers from profiting by their superior financial positions while 3 E.g., Ehlco, 186 Ill. 2d at 159 (stating that section 155 provides a remedy where an insurer has acted vexatiously and unreasonably in refusing to defend its insured); West American Insurance Co., 334 Ill. 2020The statute provides, in pertinent part, that “[i]n 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 [additional amounts set forth in the statute.]” 215 ILCS 5/155(1) (West 2012). 3 E.g., Ehlco, 186 Ill. 2d at 159 (stating that section | 2 | 2 |
Peerless Enterprise, Inc. v. Krusegreen2 sentences2009Yassin, 133 Ill. 2d at 466 ; Peerless Enterprises, Inc. v. Kruse, 317 Ill. 2009Yassin, 133 Ill. 2d at 466 ; Peerless Enterprises, Inc. v. Kruse, 317 Ill. | 2 | 2 |
Calcagno v. Personalcare Health Management, Inc.green2 sentences2000See Calcagno, 207 Ill. 2000See Calcagno , 207 Ill. | 2 | 2 |
Keller v. State Farm Insurancegreen1 sentence2020O’Connor v. Country Mutual Insurance Co., 2013 IL App (3d) 110870, ¶ 13 ; McGee, 315 Ill. App. 3d at 681 ; see also Keller v. State Farm Insurance Co., 180 Ill. App. 3d 539, 556 (1989) (providing that the purpose of section 155 is “not only to aid the insured, but also to discourage insurers from profiting by their superior financial positions while delaying in the payment of contractual obligations”). ¶ 41 The key question in a section 155 claim is whether an insurer’s conduct is vexatious and unreasonable. | 1 | 1 |
Statewide Insurance v. Houston General Insurancegreen1 sentence2012App. 3d 673, 681 (2000)). ¶ 33 “A court should consider the totality of the circumstances when deciding whether an insurer’s conduct is vexatious and unreasonable, including the insurer’s attitude, *** and whether the insured was deprived of the use of his property.” Statewide Insurance Co. v. Houston General Insurance Co., 397 Ill. | 1 | 1 |
Valdovinos v. Gallant Insurancegreen1 sentence2000Cramer v. Insurance Exchange Agency, 174 Ill. 2d 513, 521 (1996); see also Valdovinos v. Gallant Insurance Co., 314 Ill. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Yassin v. Certified Grocers of Illinois, Inc.
green
2 sentences2022Yassin, 133 Ill. 2d at 466 . 2009Yassin, 133 Ill. 2d at 466 ; Peerless Enterprises, Inc. v. Kruse, 317 Ill. | 3 | 2009–2022 |
Voyles v. Sandia Mortgage Corp.
green
2 sentences2001Voyles, 311 Ill. 2001Voyles , 311 Ill. App. 3d at 655 , 724 N.E.2d at 1281 . | 2 | 2001–2001 |
Shell Oil Co. v. AC & S, INC.
green
2 sentences2001Shell Oil Co., 271 Ill. 2001Shell Oil Co. , 271 Ill. | 2 | 2001–2001 |
O'Connor v. Country Mutual Insurance Co.
neutral
1 sentence2020O’Connor v. Country Mutual Insurance Co., 2013 IL App (3d) 110870, ¶ 13 ; McGee, 315 Ill. App. 3d at 681 ; see also Keller v. State Farm Insurance Co., 180 Ill. App. 3d 539, 556 (1989) (providing that the purpose of section 155 is “not only to aid the insured, but also to discourage insurers from profiting by their superior financial positions while delaying in the payment of contractual obligations”). ¶ 41 The key question in a section 155 claim is whether an insurer’s conduct is vexatious and unreasonable. | 1 | 2020–2020 |
Uhlich Children's Advantage Network v. National Union Fire Co. of Pittsburgh
green
1 sentence2012App. 3d 710, 722 (2010). “ ‘The attorney fees, costs, and limited penalty provisions of section 155 are an extracontractual remedy intended to make suits by policyholders economically feasible and punish insurance companies for misconduct.’ ” Id. at 722-23 (quoting McGee v. State Farm Fire & Casualty Co., 315 Ill. | 1 | 2012–2012 |
Loyola University Medical Center v. Med Care HMO
green
2 sentences2009Yassin, 133 Ill.2d at 466 , 141 Ill.Dec. 791 , 551 N.E.2d 1319 ; Peerless Enterprise, Inc. v. Kruse, 317 Ill.App.3d 133, 144 , 250 Ill.Dec. 519 , 738 N.E.2d 988 (2000); Garcia, 265 Ill.App.3d at 728 , 203 Ill.Dec. 376 , 639 N.E.2d 935 ; Loyola University Medical Center, 180 Ill.App.3d at 480 , 129 Ill.Dec. 360 , 535 N.E.2d 1125 . 2009Yassin, 133 Ill.2d at 466 , 141 Ill.Dec. 791 , 551 N.E.2d 1319 ; Peerless Enterprise, Inc. v. Kruse, 317 Ill.App.3d 133, 144 , 250 Ill.Dec. 519 , 738 N.E.2d 988 (2000); Garcia, 265 Ill.App.3d at 728 , 203 Ill.Dec. 376 , 639 N.E.2d 935 ; Loyola University Medical Center, 180 Ill.App.3d at 480 , 129 Ill.Dec. 360 , 535 N.E.2d 1125 . | 1 | 2009–2009 |
Garcia v. Lovellette
green
2 sentences2009Yassin, 133 Ill.2d at 466 , 141 Ill.Dec. 791 , 551 N.E.2d 1319 ; Peerless Enterprise, Inc. v. Kruse, 317 Ill.App.3d 133, 144 , 250 Ill.Dec. 519 , 738 N.E.2d 988 (2000); Garcia, 265 Ill.App.3d at 728 , 203 Ill.Dec. 376 , 639 N.E.2d 935 ; Loyola University Medical Center, 180 Ill.App.3d at 480 , 129 Ill.Dec. 360 , 535 N.E.2d 1125 . 2009Yassin, 133 Ill.2d at 466 , 141 Ill.Dec. 791 , 551 N.E.2d 1319 ; Peerless Enterprise, Inc. v. Kruse, 317 Ill.App.3d 133, 144 , 250 Ill.Dec. 519 , 738 N.E.2d 988 (2000); Garcia, 265 Ill.App.3d at 728 , 203 Ill.Dec. 376 , 639 N.E.2d 935 ; Loyola University Medical Center, 180 Ill.App.3d at 480 , 129 Ill.Dec. 360 , 535 N.E.2d 1125 . | 1 | 2009–2009 |
Perfection Carpet, Inc. v. State Farm Fire & Casualty Co.
green
1 sentence1995In Perfection Carpet, Inc. v. State Farm Fire & Casualty Co. (1994), 259 Ill. | 1 | 1995–1995 |
Stamps v. Caldwell
green
2 sentences1981However, in this case, the plaintiff was not an insured, but was a third-party claimant on a policy issued by Travelers, and as Travelers concedes, the remedies of section 155 are not available to third-party claimants. ( Stamps v. Caldwell (1971), 133 Ill. App.2d 524 , 273 N.E.2d 489 ; Scroggins v. Allstate Insurance Co. (1979), 74 Ill. App.3d 1027 , 393 N.E.2d 718 .) Therefore, even if section 155 would bar an outrage suit by an insured against its insurer, it cannot possibly preclude this suit by this plaintiff, who is not entitled to partake of the benefits accorded by section 155. 1981However, in this case, the plaintiff was not an insured, but was a third-party claimant on a policy issued by Travelers, and as Travelers concedes, the remedies of section 155 are not available to third-party claimants. ( Stamps v. Caldwell (1971), 133 Ill. App.2d 524 , 273 N.E.2d 489 ; Scroggins v. Allstate Insurance Co. (1979), 74 Ill. App.3d 1027 , 393 N.E.2d 718 .) Therefore, even if section 155 would bar an outrage suit by an insured against its insurer, it cannot possibly preclude this suit by this plaintiff, who is not entitled to partake of the benefits accorded by section 155. | 1 | 1981–1981 |
Scroggins v. Allstate Insurance Co.
green
2 sentences1981However, in this case, the plaintiff was not an insured, but was a third-party claimant on a policy issued by Travelers, and as Travelers concedes, the remedies of section 155 are not available to third-party claimants. ( Stamps v. Caldwell (1971), 133 Ill. App.2d 524 , 273 N.E.2d 489 ; Scroggins v. Allstate Insurance Co. (1979), 74 Ill. App.3d 1027 , 393 N.E.2d 718 .) Therefore, even if section 155 would bar an outrage suit by an insured against its insurer, it cannot possibly preclude this suit by this plaintiff, who is not entitled to partake of the benefits accorded by section 155. 1981However, in this case, the plaintiff was not an insured, but was a third-party claimant on a policy issued by Travelers, and as Travelers concedes, the remedies of section 155 are not available to third-party claimants. ( Stamps v. Caldwell (1971), 133 Ill. App.2d 524 , 273 N.E.2d 489 ; Scroggins v. Allstate Insurance Co. (1979), 74 Ill. App.3d 1027 , 393 N.E.2d 718 .) Therefore, even if section 155 would bar an outrage suit by an insured against its insurer, it cannot possibly preclude this suit by this plaintiff, who is not entitled to partake of the benefits accorded by section 155. | 1 | 1981–1981 |
Urfer v. COUNTRY MUTUAL INSURANCE
green
1 sentence1979Mr. Presiding Justice Mills, concurring in part and dissenting in part, said ( 60 Ill. | 1 | 1979–1979 |
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.