Collateral estoppel prevents insured from denying intent in coverage fight

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 March 7, 2023 11:19 AM

The 3rd District Appellate Court recently held that an insured’s admission of an intentional battery in a criminal case collaterally estopped the insured from claiming his alleged conduct was not intentional. As a result, his insurer was found to have no coverage obligation in a declaratory action brought to determine its coverage obligation for an underlying civil negligence action. The case is Erie Insurance Co. v. Gibbs, 2023 IL App (3d) 220143 (Feb. 16). The insured, Dr. Thomas Gibbs, was represented by Lindsay …

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