Illinois State Bar Assn. Mutual Inc. Co. v Burkart

2015 IL App (4th) 140936-U (Ill. App., 2015)

Words & Phrases

Professional Liability Policy: In General

Trial Judge

John Schmidt

Appellate Judge

White

Holding

Claims against insured were fee disputes only and did not fall within the policy's definition of damages.

Fact Summary

All of the damages the Wilsons seek were either the return of, or reduction of, attorney fees, or were in some way a consequence of those fees.    A common-sense reading of the complaint in case No. 12-L-1152 reveals it was entirely a fee dispute.  The complaint alleges only noncovered, direct, and consequential injuries from Burkart's receipt of the distributed portion of the escrow fund, and interest thereon.  There is no allegation of "damages" within the meaning of the policy.

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