Adams v. Employers Ins. Co. of Wausau

2016 IL App (3d) 150418 (Ill. App., 2016)

Words & Phrases

Declaratory Judgment: Procedure

Trial Judge

James Mack

Appellate Judge

McDade

Holding

Plaintiffs, who were exposed to asbestos-containing products of dissolved corporation, could not bring direct action against its liability insurers.

Fact Summary

 NOTE:  THE REPORTER CITE [50 N.E. 3d 1138]

Public policy prevents direct actions against insurance companies.  Zegar v. Sears Roebuck & Co., 211 Ill. App. 3d 1025, 1027 (1991)

DJ to determine indemnification is premature if broght before a determination of the insured's liability.  Lyons v. State Farm, 349 Ill. App. 3d 404,415 (2004).  Fault of the dissolved corporation is a necessary issue in the plaintiff's action.

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