Plaintiff’s exhibits don’t always control over allegations

In Chancery

By Stanley C. Nardoni

Stanley C. Nardoni practices in the insurance recovery group of Reed, Smith LLP. A graduate of DePaul University College of Law and former law clerk to an Illinois Supreme Court justice, he also holds an LL.M. in insurance law from the University of Connecticut School of Law. He welcomes comments to his columns at snardoni@reedsmith.com.

Posted September 21, 2016 12:53 PM

Updated September 30, 2016 4:08 PM

A recent memorandum opinion by Cook County Chancery Associate Judge David B. Atkins highlights the varying impact of complaint exhibits.Atkins ruled that an exhibit did not control over contrary allegations because the document served as “mere evidence” rather than the foundation for a claim. Illinois National Insurance Co. v. Arch Insurance Co., No. 15 CH 7207, 2016 WL 3101369 (April 15, 2016).Atkins’ opinion reflected that Illinois National Insurance Co. and American Home Assurance Co. filed the suit …

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