Plaintiff issued professional liability insurance to Defendant attorney, who represented client in her divorce. Defendant, during that litigation, filed 3rd party complaint for that client against various persons and entities referred to as "Prairie State". Defendant asked insurer to defend him against sanctions motion filed by Prairie State alleging that action was filed solely to harass them, but insurer rejected his tender and filed declaratory judgment action. Client later filed legal malpractice complaint and then amended complaint (when insurer cut off its defense of attorney) against attorney, stemming from the allegedly negligent way her represented her in the divorce. As it is a dispute about representation, the damages client sought were not excluded by the policy, and thus insurer had a duty to defend attorney. (CONNORS and HARRIS, concurring.)
Illinois Appellate Court
Civil Court
Legal Malpractice