Insurers free from duty to defend if dispute involved in mediation

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 October 8, 2019 11:40 AM

The 1st District Appellate Court recently held that an insurer had no duty to defend an insured in connection with a mediation that, while possibly related to a lawsuit in which the insured was a party, involved claims that were different from those in the lawsuit.ITW, the insured in Illinois Tool Works v. Ace Specialty Insurance Co., 2019 IL App (1st) 181945 (Aug. 23, 2019), was represented by Neal, Gerber & Eisenberg LLP, Hinkhouse Williams Walsh LLP, Skarzynski Marick & Black LLP and Cohn Baughman & Serlin …

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