Geisler v. Everest National Insurance Company

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 103834
Decision Date: 
November 16, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Justice: 
R. GORDON
Holding: 
Affirmed.
Neurosurgeon sued his medical malpractice insurer for breach of duties under policy. Plaintiff had a claims made policy, and when his employment with clinic terminated, he was notified of noncoverage, and policy was later amended to reflect change, so that he was not covered when he thereafter filed his claim as to one suit. Insurer had no duty to defend, and thus no breach, and judicial estoppel does not apply. Clear and enforceable policy language denied settlement consent rights to Plaintiff. (LAMPKIN and GARCIA, specially concurring.)