Lung Cancer Plaintiffs Cannot Maintain Direct Action Against Former Employer’s Insurance Carriers
The plaintiffs were former insulation installers who contracted mesothelioma and lung cancer. Among defendants were insurance carriers for their former employers. The trial court dismissed the complaint because Illinois generally does not permit direct actions against insurance carriers.
The Third District affirmed. Illinois public policy prevents direct actions against insurance companies. In the present case, an action to recover under the policies would require liability to be found upon the insured former employer. That is not permissible. Adams v. Employers Ins. Co. of Wausau, 2016 IL App (3d) 150418.