An insured does not control its insurer

For the Defense

By Donald P. Eckler and Patrick Cloud

Donald “Pat” Eckler is a partner at Pretzel & Stouffer focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. Patrick Cloud is a shareholder in Heyl, Royster, Voelker, & Allen, P.C.’s Edwardsville office. Cloud concentrates his practice on insurance coverage litigation, toxic tort matters, complex civil litigation, and products liability defense. He is also chair of both the firm’s Insurance Services Practice and Class Actions/Mass Torts Practice. Their views are their own and not those of their firms or their clients.

Posted July 8, 2020 12:11 PM

Johnny is sued, and his father hires a lawyer for him. In the course of the case, certain information and documents are sought by the plaintiff that are in the possession of Johnny’s father. Johnny’s father refuses to produce the requested information and documents. Could Johnny or his counsel be sanctioned or held in contempt for what Johnny’s father refuses to do? Depending on how a recent decision is applied, they just might be.Extending the decisions in Szczeblewski v. Gossett, 342 Ill.App.3d 344 (2003), and Oelze v …

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