unambiguous requirement (Illinois) · Go Syfert
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unambiguous requirement in Illinois

8 Illinois opinions name it 2 courts 1983–2022 1 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 (2)

CaseFollowedCited
In Re Cutronegreen
ill · 1986 · cited in 2 Illinois opinions naming this issue, 1986–1993
2 sentences

1993In re Cutrone (1986), 112 Ill.2d 261, 268 [ 97 Ill.

1993In re Cutrone (1986), 112 Ill. 2d 261, 268 ; In re Enstrom (1984), 104 Ill. 2d 410, 417-18 ; In re Cohen (1983), 98 Ill. 2d 133, 139 .” Elias, 114 Ill. 2d at 332 .

12
Travelers Insurance v. Eljer Manufacturing, Inc.green
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022Tangible property does not experience physical injury “if that property suffers intangible damage, such as diminution in value as a result from the failure of a component *** to function as promised.” Id. at 301-02, 310, 312 . - 16 - 2022 IL App (2d) 210088 ¶ 42 Mindful of the policy’s unambiguous requirement that the deprivation be caused by a material thing, we turn to consider Café’s specific arguments.

11

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 (10)

CaseCitedYears
In Re Cohen green
ill · 1983
2 sentences

1993In re Cutrone (1986), 112 Ill. 2d 261, 268 ; In re Enstrom (1984), 104 Ill. 2d 410, 417-18 ; In re Cohen (1983), 98 Ill. 2d 133, 139 .” Elias, 114 Ill. 2d at 332 .

1986In re Cutrone (1986), 112 Ill. 2d 261, 268 ; In re Enstrom (1984), 104 Ill. 2d 410, 417-18 ; In re Cohen (1983), 98 Ill. 2d 133, 139 .

21986–1993
In Re Enstrom green
ill · 1984
2 sentences

1993In re Cutrone (1986), 112 Ill. 2d 261, 268 ; In re Enstrom (1984), 104 Ill. 2d 410, 417-18 ; In re Cohen (1983), 98 Ill. 2d 133, 139 .” Elias, 114 Ill. 2d at 332 .

1986In re Cutrone (1986), 112 Ill. 2d 261, 268 ; In re Enstrom (1984), 104 Ill. 2d 410, 417-18 ; In re Cohen (1983), 98 Ill. 2d 133, 139 .

21986–1993
Hetzer v. State Police Merit Board green
illappct · 1977
2 sentences

1989Hetzer v. State Police Merit Board (1977), 49 Ill.

1983(See Hetzer v. State Police Merit Board (1977), 49 Ill.

21983–1989
Sweet Berry Café, Inc. v. Society Insurance, Inc. green
illappct · 2022
1 sentence

2022Tangible property does not experience physical injury “if that property suffers intangible damage, such as diminution in value as a result from the failure of a component *** to function as promised.” Id. at 301-02, 310, 312 . - 16 - 2022 IL App (2d) 210088 ¶ 42 Mindful of the policy’s unambiguous requirement that the deprivation be caused by a material thing, we turn to consider Café’s specific arguments.

12022–2022
Hall v. Burger green
illappct · 1996
1 sentence

1997Hall v. Burger, 277 Ill.

11997–1997
In Re Elias green
ill · 1986
1 sentence

1993In re Cutrone (1986), 112 Ill. 2d 261, 268 ; In re Enstrom (1984), 104 Ill. 2d 410, 417-18 ; In re Cohen (1983), 98 Ill. 2d 133, 139 .” Elias, 114 Ill. 2d at 332 .

11993–1993
Shelton v. Country Mutual Insurance green
illappct · 1987
1 sentence

1992App. 3d 447, 453 .) An unambiguous clause in an insurance policy is to be given its plain and ordinary meaning (Shelton v. Country Mutual Insurance Co. (1987), 161 Ill.

11992–1992
Heneghan v. State Security Insurance neutral
illappct · 1990
1 sentence

1992App. 3d 652, 655 ), and the limitations period at issue here is valid (Heneghan, 195 Ill.

11992–1992
Inwang v. Community College District No. 508 green
illappct · 1983
2 sentences

1989App. 3d at 611 , 453 N.E.2d at 899 .) However, an agency has no power to misapply or extend an unambiguous rule through strained interpretation. {Inwang, 117 Ill.

1989App. 3d at 611 , 453 N.E.2d at 899 .) However, an agency has no power to misapply or extend an unambiguous rule through strained interpretation. {Inwang, 117 Ill.

11989–1989
Menke v. Country Mutual Insurance Co. green
ill · 1980
2 sentences

1983Like the language in Menke , this language is clear and unambiguous, from which, as that court said, "it can be readily seen and understood that coverage [is] limited." ( 78 Ill.2d 420, 425 , 401 N.E.2d 539, 542 .) If a clause is unambiguous it may be applied as written unless it contravenes public policy. ( Menke. ) In Menke the court found that public policy was not contravened by the application of the unambiguous clause where, as here, a premium was paid for the uninsured motorist coverage provided by each policy.

1983Like the language in Menke , this language is clear and unambiguous, from which, as that court said, "it can be readily seen and understood that coverage [is] limited." ( 78 Ill.2d 420, 425 , 401 N.E.2d 539, 542 .) If a clause is unambiguous it may be applied as written unless it contravenes public policy. ( Menke. ) In Menke the court found that public policy was not contravened by the application of the unambiguous clause where, as here, a premium was paid for the uninsured motorist coverage provided by each policy.

11983–1983

Where else courts name it

TX 19 (2004–2025) NY 9 (1955–2023) IL 8 (1983–2022) NM 8 (1994–2018) FL 8 (1988–2023) CO 8 (1996–2017) DE 6 (1995–2020) OH 6 (1986–2019) MI 6 (1911–2021) WA 6 (2001–2024) PA 5 (2011–2023) CA 5 (1998–2020) MN 5 (1990–2026) MS 3 (1997–2017) WI 3 (2002–2006) LA 3 (1994–2008) AZ 3 (1988–2018) GA 3 (2001–2024) KS 2 (1968–1996) OR 2 (1982–2012) ID 2 (1989–2012) MO 2 (2021–2024) UT 2 (1992–2014) MA 2 (1994–2010) WV 2 (1998–2007)

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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