late notice defense (Illinois) · Go Syfert
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late notice defense in Illinois

14 Illinois opinions name it 2 courts 1995–2026 2 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.

Followed or applied (1)

CaseFollowedCited
Employers Insurance v. Ehlco Liquidating Trustgreen
ill · 1999 · cited in 4 Illinois opinions naming this issue, 1999–2007
2 sentences

2007Ehlco, 186 Ill. 2d at 150-51 .

2007Ehlco 186 Ill. 2d at 150-51 .

24

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Victor Maneikis v. St. Paul Insurance Company of Illinois green
ca7 · 1981
2 sentences

2000Paul Insurance Co., 655 F.2d 818 , which had previously held that the late-notice exception did not exist.

2000Paul Insurance Co., 655 F.2d 818 , that had previously held that the late-notice exception did not exist.

22000–2000
State Security Insurance v. Burgos green
ill · 1991
2 sentences

1999In reaching our holding, we reject Wausau’s contention that we must adopt the late-notice exception to estoppel to be consistent with our decision in State Security Insurance Co. v. Burgos, 145 Ill. 2d 423 (1991).

1999In reaching our holding, we reject Wausau’s contention that we must adopt the late-notice exception to estoppel to be consistent with our decision in State Security Insurance Co. v. Burgos , 145 Ill. 2d 423 (1991).

21999–1999
Central Mutual Insurance v. Kammerling green
illappct · 1991
2 sentences

1997On appeal, the Kammerling court held that the insurer was estopped from asserting a late notice defense due to "[t]he peculiar facts of this case” (Kammerling, 212 Ill.

1997On appeal, the Kammerling court held that the insurer was estopped from asserting a late notice defense due to "[t]he peculiar facts of this case" ( Kammerling , 212 Ill.

21997–1997
Unigard SEC v. N. Riv Ins green
ny · 1992
1 sentence

2026Unigard Security Insurance Co., Inc. 79 N.Y.2d at 584 .

12026–2026
Tony's Finer Foods Enterprises, Inc. v. Certain Underwriters at Lloyd's, London neutral
illappct · 2024
1 sentence

2024Therefore, I respectfully dissent. - 14 - Tony’s Finer Foods Enterprises, Inc. v. Certain Underwriters at Lloyd’s, London, 2024 IL App (1st) 231712 Decision Under Review: Appeal from the Circuit Court of Cook County, No. 22-CH-9420; the Hon.

12024–2024
Montgomery Ward and Co. v. Home Ins. Co. green
illappct · 2001
1 sentence

2012Montgomery Ward & Co. v. Home Insurance Co., 324 Ill.

12012–2012
State Auto Property & Casualty Insurance v. Gorsuch green
vawd · 2004
1 sentence

2012But in Gorsuch, the statute was triggered by the insurer’s failure to notify the claimants in the underlying tort suit within 45 days and the court repeated the well- established principle that the statute’s purpose is “to allow the claimant, an outsider to the insurance contract, to take any necessary steps to protect her rights.” Gorsuch, 323 F. Supp. 2d at 756 .

12012–2012
Sears, Roebuck and Co. v. Seneca Ins. Co. green
illappct · 1993
1 sentence

1995This court rejected the application of estoppel because the insurer "actively sought, through a motion for summary judgment, an adjudication of its rights and duties.” ( 254 Ill.

11995–1995

Statutes the citing opinions construe

USC § 42u.s.c.9601 (6) IL § 215 ILCS 5/155 (4)

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.

Where else courts name it

NY 1850 (1939–2026) NJ 111 (1975–2026) IL 14 (1995–2026) CO 5 (1998–2022) CA 4 (1963–2007) MO 3 (1984–1998) TX 3 (2008–2018) OH 2 (1996–2004) CT 2 (1993–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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