Illinois Insurance Guaranty Fund v. Chicago Insurance Company

Guaranty Fund filed declaratory judgment action against defendant insurer to determine whether a "claims-made" insurance policy provided insurance coverage for former employee physician of insured clinic in medical malpractice action. Physician's employment with clinic ended after date of alleged malpractice, and prior to date malpractice suit filed, and he was not expressly named as insured in claims-made policy issued by insurer after his employment ended. Unambiguous language of claims-based insurance contract provided that physician was not an insured and did not fit within coverage parameters set forth in insurance contract. Estoppel argument does not apply as insurer had no duty to defend physician.(WELCH and GOLDENHERSH, concurring.)