· 6/30/2004
Young v. Allstate Insurance
Citations
- 812 N.E.2d 741
- 285 Ill. Dec. 921
- 351 Ill. App. 3d 151
- 2004 Ill. App. LEXIS 824
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that unambiguous clauses within insurance contracts must be enforced according to their terms and courts should refrain from adopting interpretations resulting in distortions and creating ambiguities where none exist
- holding that the plaintiffs’ Consumer Fraud Act claim was preempted by section 155 because it was a claim for failure to pay insurance policy proceeds and “[b]ased on Cramer, a separate tort claim is not necessary and is inapplicable *** because a contractual remedy is available to plaintiffs”
- finding that “a separate tort claim is not necessary and is inapplicable” because the plaintiffs already brought a breach of contract claim alleging that the insurer refused to pay the amount due under the insurance contract
- finding a separate tort claim inappropriate when claim essentially based on defendant insurer’s failure to pay amounts due under the insurance contract
- finding a separate tort claim inappropriate when claim essentially based on defendant insurer’s failure to pay amounts due under the insurance contract
- “[t]he relevant inquiry regarding a Consumer Fraud Act claim is whether the alleged conduct implicates consumer protection issues”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gallagher, Frossard, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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