Illinois State Bar Association Mutual Insurance Company v. Leighton Legal Group, LLC

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2018 IL App (4th) 170548
Decision Date: 
Tuesday, May 22, 2018
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Reversed.
Justice: 
STEIGMANN

(Court opinion corrected 5/30/18.) Plaintiff malpractice insurer filed declaratory judgment action, contending it had no duty to defend insured against complaint, because insured's actions constituted intentional conduct and was excluded from coverage.  Court erred in granting judgment for insured. Conduct of insured, as alleged in underlying complaint (alleging self-dealing, breach of good faith and fair dealing, and breach of trust for failure to administer a trust), is intentional misconduct, which is excluded from coverage. (DeARMOND and TURNER, concurring.)