Illinois State Bar Association Mutual Insurance Company v. Law Office of Tuzzolino and Terpinas

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 122660
Decision Date: 
November 22, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Justice: 
REYES
Holding: 
Reversed.
(Court opinion corrected 1/13/14.) Court erred in entering summary judgment in favor of Plaintiff legal malpractice insurer, and improperly rescinded contract. Innocent insured clause in insurance policy and common law innocent insured doctrine preserve attorneys' coverage. When applying innocent insured doctrine, court does not necessarily require a divisible contract to partially rescind a contract. Severability clause of insurance policy created separate and distinct contracts, allowing court to partially rescind contract.(HALL and LAMPKIN, concurring.)