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Brown v. Advocate Health and Hospitals Corp.

2017 IL App (1st) 161918 (Ill. App., 2017)

Words & Phrases

Discovery: Attorney/Client Privilege

Trial Judge

Kathy M. Flanagan

Appellate Judge



Hospital required to produce for in camera inspection its self-insured retention and trust documents relating to the $12.5 million in coverage.

Fact Summary

Justice Gordon, dissenting.

This is basically a confidential document with trade secrets that is not relevant in any malpractice case before the entry of a judgment and may not even be relevant after judgment if Advocate has the funds to pay to satisfy any judgment entered against it. I also do not agree with the majority that it could lead to admissible evidence as to whether an agency relationship existed between certain defendants, and there is nothing in the record of this case that would indicate that was an issue. I know of no court that has allowed the production of a self-insured trust by a hospital, municipality, or large corporation before judgment, nor do I find any relevancy in ordering its production. A self-insured trust is not an insurance policy and should not be treated as one. I would reverse the circuit court of Cook County and vacate the contempt finding and fine.