Legal Opinion
Roberts v. Western-Southern Life Insurance
District Court, N.D. Illinois
Decided July 29, 1983No. 82 C 6789, 82 C 5628PublishedCited by 37 opinions
1Opinion of the Court
MEMORANDUM OPINION
PRENTICE H. MARSHALL, District Judge.
These cases present the question whether an insured person or entity may under Illinois common law maintain a claim against an insurer for its bad faith conduct in handling a claim under an insurance policy. We are invited to reconsider our recent holding in Kelly v. Stratton, 552 F.Supp. 641 (N.D.Ill.1982), that such a common law cause of action exists.
An Illinois statute, Ill.Rev.Stat. ch. 73, § 767 (1981), provides for an award of attorney’s fees, costs, and a limited penalty upon a showing that an insurer acted vexatiously and…
2Cases cited132 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
127 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Cramer v. Insurance Exchange AgencyIllinois Supreme Court · 1996
- Farmers Group, Inc. v. WilliamsSupreme Court of Colorado · 1991
- Allstate Insurance Company, as Subrogee of Sam Lakhia v. Menards, IncorporatedCourt of Appeals for the Seventh Circuit · 2002
- McCullough v. Golden Rule Insurance Co.Wyoming Supreme Court · 1990
- Abbott Laboratories v. Granite State Ins. Co.District Court, N.D. Illinois · 1983
32 more not listed; retrieve them via the Exa API.