Supreme Court of Illinois

Where an insurer failed to maintain the "proof of mailing" required under Illinois Insurance Code section 143.17a(b) in attempting to modify a policy to add an exclusion, that modification never became part of the policy, thus the insurer breached its duty to defend.

Appellate Information

• Decided 01/24/2003
• Published 03/05/2003

Judges

• Chief Justice McMORROW delivered the opinion of the court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Thomas M. Crisham, John P. O'Malley and David M. Jenkins, of Crisham & Kubes, Ltd., Chicago, for appellant., Hugh C. Griffin, Thomas W. Jenkins and Stevie A. Starnes, of Lord, Bissell & Brook, Chicago (Craig A. Berrington, Washington, D.C., of counsel), for amici curiae The National Association of Independent Insurers and The American Insurance Association.


• For Appellees:
  
• Anthony C. Valiulis and William Macy Aguiar, of Much, Shelist, Freed, Denenberg, Ament & Rubenstein, P.C., Chicago, for appellee.