Illinois State Bar Association Mutual Insurance Company v. Cavenagh

Illinois Appellate Court
Civil Court
Duty to Defend
Case Number: 
2012 IL App (2d) 111810
Decision Date: 
Thursday, December 20, 2012
2d Dist.
Cook Co., 4th Div.
ISBA Mutual filed declaratory judgment action against its insured attorney, seeking declaration that it had no duty to defend its insured against claim filed by fellow attorney, which alleged that he had fraudulently misrepresented status of PI suit to mislead him from taking further action to defend PI case. Default judgment was entered against attorney's client, who then sued him for legal malpractice. Policy language excludes coverage for any claim arising out of any fraudulent or intentional act or omission committed by insured. Insurer has no duty to defend, as duty is only triggered by allegations that insured has committed act of negligence, not act classified as intentional. Court properly dismissed insured's breach of fiduciary duty claim, in absence of allegations establishing a fiduciary relationship. (QUINN and McBRIDE, concurring.)