burden of demonstrating claim (Illinois) · Go Syfert
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burden of demonstrating claim in Illinois

6 Illinois opinions name it 1 courts 1999–2017 0 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 (5)

CaseFollowedCited
Old Second National Bank v. Indiana Insurance Companygreen
illappct · 2015 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017Old Second, 2015 IL App (1st) 140265, ¶ 22 (the insurer bears the burden of demonstrating a claim falls within a provision that limits or excludes coverage) (citing Farmers Automobile Insurance Ass’n. v. Gitelson, 344 Ill.

2017Old Second, 2015 IL App (1st) 140265, ¶ 22 (the insurer bears the burden of demonstrating a claim falls within a provision that limits or excludes coverage) (citing Farmers Automobile Insurance Ass’n v. Gitelson, 344 Ill.

22
Farmers Automobile Insurance v. Gitelsongreen
illappct · 2003 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017Old Second, 2015 IL App (1st) 140265, ¶ 22 (the insurer bears the burden of demonstrating a claim falls within a provision that limits or excludes coverage) (citing Farmers Automobile Insurance Ass’n. v. Gitelson, 344 Ill.

2017Old Second, 2015 IL App (1st) 140265, ¶ 22 (the insurer bears the burden of demonstrating a claim falls within a provision that limits or excludes coverage) (citing Farmers Automobile Insurance Ass’n v. Gitelson, 344 Ill.

22
Central Illinois Light Co. v. Home Insurancegreen
ill · 2004 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017App. 3d 888, 896 (2003)). ¶ 30 Furthermore, the plain language of the mortgage clause requires that GMACM notify plaintiff “of any change in ownership, occupancy or substantial change in risk of which the 13 1-15-1835 mortgagee is aware.” See Central Illinois Light Co., 213 Ill. 2d at 153 (where the words of an insurance policy are clear and ambiguous, they must be given their plain and ordinary meaning).

2017App. 3d 888, 896 (2003)). ¶ 30 Furthermore, the plain language of the mortgage clause requires that GMACM notify plaintiff “of any change in ownership, occupancy or substantial change in risk of which the mortgagee is aware.” See Central Illinois Light Co., 213 Ill. 2d at 153 (where the words of an insurance policy are clear and ambiguous, they must be given their plain and ordinary meaning).

22
Cload v. Westgreen
illappct · 2002 · cited in 2 Illinois opinions naming this issue, 2016–2016
2 sentences

2016Oshana v. FCL Builders, Inc., 2013 IL App (1st) 120851, ¶ 15 (citing Cload v. West, 328 Ill.

2016Oshana v. FCL Builders, Inc., 2013 IL App (1st) 120851, ¶ 15 (citing Cload v. West, 328 Ill.

22
Oshana v. FCL Builders, Inc.green
illappct · 2013 · cited in 2 Illinois opinions naming this issue, 2016–2016
2 sentences

2016Oshana v. FCL Builders, Inc., 2013 IL App (1st) 120851, ¶ 15 (citing Cload v. West, 328 Ill.

2016Oshana v. FCL Builders, Inc., 2013 IL App (1st) 120851, ¶ 15 (citing Cload v. West, 328 Ill.

22

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 (1)

CaseCitedYears
Forman v. Richmond Police Department green
ca7 · 1997
2 sentences

1999Forman, 104 F.3d at 957-58 .

1999Forman , 104 F.3d at 957-58 .

21999–1999

Where else courts name it

CA 173 (1969–2026) OH 158 (1995–2026) MO 144 (1969–2022) TX 29 (1999–2026) AR 28 (1976–2007) GA 25 (1984–2025) DC 18 (1985–2024) VA 16 (1999–2020) FL 15 (1963–2024) SC 15 (2011–2016) MN 14 (1999–2025) NY 13 (1979–2019) ME 12 (1977–2023) KS 12 (2012–2025) WA 11 (1980–2025) NM 11 (1985–2025) ID 11 (1977–2022) AZ 10 (1970–2026) UT 9 (1991–2025) IN 8 (1985–2023) IL 6 (1999–2017) AL 5 (1980–2016) PA 5 (1971–2018) HI 4 (2000–2006) MA 4 (1997–2025) MI 4 (2020–2026) NC 4 (1999–2006) TN 4 (1999–2025) CO 3 (2005–2026) ND 3 (1982–1987) DE 2 (2014–2018) CT 2 (1984–2022)

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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