Insureds claim in Illinois

2022Old Mutual Casualty Co., 53 Ill.

2022Old Mutual Casualty Co., 53 Ill.

2022It argued the Insureds’ claim should be dismissed under section 2-615 of the Code because they “failed to identify any factual allegations to support a claim that Farmers acted vexatiously or unreasonably.” Farmers further argued the counterclaim should be dismissed under section 2-619 of the Code because “[n]o claim for violation of Section 155 will lie where there is a bona fide dispute concerning the scope and application of insurance coverage” (citing Baxter, 369 Ill.

2021It argued the Insureds’ claim should be dismissed under section 2-615 of the Code because they “failed to identify any factual allegations to support a claim that Farmers acted vexatiously or unreasonably.” Farmers further argued the counterclaim should be dismissed under section 2-619 of the Code because “[n]o claim for violation of Section 155 will lie where there is a bona fide dispute concerning the scope and application of insurance coverage” (citing Baxter, 369 Ill.

2005Walbrook , 726 F. Supp. at 782 .

2005Walbrook, 726 F. Supp. at 782 .

2007However, the duty to indemnify was subject to certain exclusions and conditions, including the insureds’ “duty to cooperate.” The “duty to cooperate” was memorialized in the policies as a “cooperation clause,” which imposed upon the insureds “the duty to assist [the] insurers in the conduct of suits and in enforcing any right to contribution or indemnity against persons potentially liable to [the] insureds.” Waste Management, 144 Ill. 2d at 192 .