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Illinois State Bar Ass’n. Mutual Insurance Co. v. Leighton Legal Group, LLC

2018 IL App (4th) 170548 (Ill. App., 2018)

Words & Phrases

Professional Liability Policy: In General

Trial Judge

Brian T. Otwell

Appellate Judge



Malpractice insurer had no duty to defend insured lawyer against complaint alleging self-dealing, breach of good faith and fair dealing.

Fact Summary

In August 2016, plaintiffs, Carol M. McClure and Cynthia S. McClure, filed a complaint against G. Timothy Leighton and the Leighton Legal Group, LLC (collectively, the insured); Daniel Sanchuk; DPS Consulting, LLC; and other nominal defendants in the Superior Court for the District of Columbia. The insured was an attorney and cotrustee for a trust of which plaintiffs were the remainder beneficiaries.

 The complaint (1) sought a declaratory judgment as to the ownership of the trust property, (2) sought restoration of trust property, (3) sought a constructive trust, (4) requested termination of the trust, (5) alleged self-dealing by the insured, (6) alleged breach of good faith and fair dealing, (7) alleged breach of trust for failure to administer the trust, (8) requested the removal of the trustees, and (9) sought the appointment of a special fiduciary to perform an accounting of trust property. Throughout the complaint, plaintiffs alleged willful conduct by the insured.