FRED GEISLER, M.D., Plaintiff-Appellant, v. EVEREST NATIONAL INSURANCE COMPANY and WESTERN LITIGATION, INC., Defendant-Appellees., 2012 IL App (1st) 103834

Summary

The physician brought an action against defendants, claiming they breached their duties under an insurance policy with regard to two medical malpractice suits in which he was a named defendant. The trial court awarded summary judgment to defendants. On appeal, the court found that the policy neither provided the physician with coverage nor obligated the insurer with a duty to defend one of the suits. The physician was not covered under the policy when he filed his claim. Further, the physician did not have a right to consent to the settlement of one suit, and he did not allege recoverable damages for the claimed late payment for the suit. Defendants' defense payments for that suit were timely paid. Finally, the trial court did not err in denying the physician's motion to vacate and for leave to file a second amended complaint. The physician did not provide a complete record on the matter. The physician's second amended complaint did not cure defects in the pleadings, granting the ...