Extrinsic Facts In Ill. Duty To Defend Analyses In 2015
Law360, New York ( January 19, 2016, 12:15 PM EST) -- The state of Illinois is known for many unique things — the natural treasure of Lake Michigan, the "Second City" of Chicago, fascinating architecture, diehard sports fans, deep dish pizza, Garrett's popcorn and an "interesting" political landscape — to name just a few. Illinois is a hotbed of insurance coverage law, which also has its many unique aspects. One notable example is the Illinois "estoppel" doctrine. The estoppel doctrine holds that if an insurer wrongfully disclaims a duty to defend without filing a declaratory judgment action, it will be "estopped" from later raising policy-based defenses to its indemnity obligation. Because of the draconian nature of the estoppel doctrine, duty to defend questions involving Illinois law can take on a life of their own....
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