Plaintiff insurer filed declaratory judgment action alleging that it had no duty to defend a motion to adjudicate attorney's lien. Movants were former clients of insured attorney; they had discharged him, after court granted motion to vacate $25 million settlement, upon defense counsel learning that a court clerk had read attorney a jury question prior to settlement. Motion to reconsider was filed by new counsel, and settlement was reinstated. Although insurer did not specifically request compensatory damages, such relief was available for the claim. The underlying motion did not seek damages arising from wrongful conduct as defined in the malpractice policy and contemplated by the parties. Thus, insurer had no duty to defend attorney against motion to adjudicate attorney's lien. (DELORT and CUNNINGHAM, concurring.)
Illinois Appellate Court
Civil Court
Insurance