Estoppel doesn't apply where insurer is not controlling defense

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 September 9, 2019 3:59 PM

The 7th U.S. Circuit Court of Appeals recently held that an insurer was not estopped from denying coverage even though it had participated in the defense of an insured without a reservation, where it did so through counsel appointed by the insured.The insuer in Essex Insurance Co. v. Blue Moon Lofts Condominium Association, 2019 U.S. App. Lexis 19174 (7th Cir., April 16. 2019), was represented by Cozen O’Connor. Law Offices of Scott A. Kogen & Associates P.C. represented Blue Moon, the claimant and assignee of …

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