Rule 26 creates no private claim for negligent misrepresentation

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 May 26, 2020 10:04 AM

In today’s 7th U.S. Circuit Court of Appeals case, the court was presented with a question of first impression: Can Rule 26, a procedural rule requiring revelation of insurance coverage prior to discovery, serve as a legal, substantive basis for a duty, and can breach of that duty give rise to a cause of action for negligent misrepresentation about insurance coverage available to the defendants? In Turubchuk v. Southern Illinois Asphalt Co., Inc., 2020 WL 2059931 (7th Cir. 2020), six family members of the Turubchuk family …

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