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· 7/29/2005

Williams v. American Country Insurance

Citations

  • 833 N.E.2d 971
  • 359 Ill. App. 3d 128
  • 295 Ill. Dec. 765
  • 2005 Ill. App. LEXIS 740

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • where the court found that the policy language “allows coverage to be excluded as to one insured and remain in effect as to the other insured” under the doctrine of respondeat superior
  • insurer failed to disclose conflict of interest to insured and court found, absent full disclosure and consent to representation, insured was entitled to assume control of own defense and insurer was obligated to pay for independent counsel
  • “The test of whether a conflict exists is if, in comparing the allegations of the complaint to the terms of the policy, the insurer’s interests would be furthered by providing a less than vigorous defense to the allegations.”
  • potential conflict where interests of multiple insureds are “diametrically opposed”

Source: CourtListener parenthetical corpus (CC0).

Judges: Quinn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.