“All Sums” Decision In Illinois
Our attorneys were retained to represent a policyholder in an Illinois coverage case that had been pending for more than five years. After a review of previous decisions in that litigation, we successfully persuaded the trial court to overturn its previous orders and hold that an insurer was obligated to pay “all sums” for claims triggering its policy in asbestos cases whether the policy was issued at the excess or primary level. The decision reverses a prior trend in Illinois that limited each excess insurer’s obligation to a prorated share of the claim. This trial court decision was cited recently as precedent by an appellate court reviewing a similar issue in another case.