Effort to use two types of estoppel fails

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted September 17, 2019 8:22 AM

Today’s 7th U.S. Circuit Court of Appeals case is unique and complex and involves issues of general estoppel and estoppel where the insurer first defended without a reservation of rights and later under a reservation of rights under an error and omissions claims made policy in litigation extending over 12 years.In Essex Insurance Co. v. Blue Moon Lofts Condominium Association, 927 F.3d 1007 (7th Cir. 2019), Blue Moon Lofts Condominium Association sued The Structural Shop, insured by Essex Insurance Co. under an …

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