Breach of defense duty found despite insurer argument

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 May 14, 2018 1:04 PM

The 5th District Appellate Court recently held that an insurer breached its duty to defend despite the fact that it paid more than $1 million in defense costs under a reservation. The court further held that the insurer also breached its duty to settle by advising its insured not to settle without the insurer’s consent and by filing a declaratory action regarding coverage. Rogers Cartage Co. v. Travelers Indemnity Co., 2018 IL App (5th) 160098 (April 5).The insured, Rogers, was represented by, among others, Lathrop …

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