Possible conflict of interest lets insured pick counsel

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 June 3, 2019 3:22 PM

The 1st District Appellate Court recently held that a complaint in which the plaintiff demands substantially more in punitive damages than compensatory damages can give rise to a conflict of interest between an insurer and the defendant insured, such that the insured is entitled to select independent defense counsel paid for by the insurer.The insured in Xtreme Protection Services LLC v. Steadfast Insurance Co., 2019 IL (1st) 181501 (May 3), was represented by HeilizerLaw. Lewis Brisbois Bisgaard & Smith LLP …

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