No conflict of interest in post-judgment insurer dispute

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 May 19, 2020 10:33 AM

The 1st District Appellate Court recently held that a primary insurer did not create a conflict of interest with its insured when it undertook negotiations with an excess insurer over what counsel would represent the insured in the appeal of a trial court adverse judgment, thereby delaying the posting of an appeal bond and arguably putting the insured at risk.The case is Joseph T. Ryerson & Son, Inc. v. Travelers Indemnity Company of America, 2020 IL App (1st) 182491 (April 7). The insured, Ryerson, was represented by …

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