Developers Surety & Indemnity Co. v. Lipinski

Illinois Appellate Court
Civil Court
Legal Malpractice
Citation
Case Number: 
2017 IL App (1st) 152658
Decision Date: 
Tuesday, August 22, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
NEVILLE

Plaintiff filed complaint for legal malpractice. After years of litigation, Plantiff admitted that its reinsurers and CHUBB had compensated it for all losses suffered due to the alleged malpractice. Section 2-403 of Code of Civil Procedure required reinsurers and CHUBB to file complaint against Defendant in their own name or by Plaintiff company "for the use of" the reinsurers and CHUBB. Dismissal of complaint was proper because of Plaintiff's violation of Section 2-403. (HYMAN, concurring; MASON, specially concurring.)