Subrogation must be noted by plaintiff

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted October 17, 2017 1:35 PM

The 1st District Appellate Court recently held that an insured surety’s failure to plead that the amounts it sought to recover in a legal malpractice action were on behalf of its reinsurers, contravened Illinois pleading requirements and required dismissal of the surety’s complaint.The plaintiff surety in Developers Surety & Indemnity Co. v. Lipinski, 2017 IL App (1st) 152658 (Aug. 22, 2017), was represented by Grasso Bass P.C. of Hinsdale. Donohue Brown Mathewson & Smyth LLC, represented the defendant …

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