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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.

© 2020 Heyl, Royster, Voelker & Allen, P.CNational Law Review, Volume VI, Number 355


About this Author

Success in litigating insurance coverage issues hinges on understanding both the interpretation of insurance policies and the handling of claims. These key elements pervade every phase of the business from taking the application, through underwriting, and policy issuance. The members of our firm's insurance coverage practice group understand these elements and the important role they play in risk management.