No defense obligation for motion to adjudicate attorney lien

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 August 26, 2019 4:04 PM

The 1st District Appellate Court recently held that a client’s motion to adjudicate his attorney’s claimed attorney’s lien, even though alleging wrongful conduct by the attorney, is not a suit for damages that a professional malpractice insurer has a duty to defend.The case is Illinois State Bar Association Mutual Insurance Co. v. McNabola Law Group P.C., 2019 IL App (1st) 182386 (June 21, 2019). The insurer, ISBA Mutual, was represented by Pretzel & Stouffer Chtd. Morse, Bolduc & Dinos LLC …

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