Clausen Miller Wins 11-Year Equitable Contribution/Subrogation Battle
January 29, 2010
After eleven years of litigation, including two appeals, CM partner Bob Reifenberg is pleased to report that CM has finally prevailed before the Illinois appellate court in an equitable contribution/subrogation case brought by Chicago Hospital Risk Pooling Program ("CHRPP") against our client, Illinois State Medical Inter-Insurance Exchange ("ISMIE"). Chicago Hospital Risk Pooling Program v. Illinois State Medical Inter-Insurance Exchange. --N.E.2d --, 2009 WL 4981046 (Ill. App. Dec. 12, 2009). The appellate court's opinion completely reverses a prior judgment approaching $1 million entered by the trial court and awards our client costs and fees incurred in defending the underlying case.
Many liability insurance coverage issues were involved, including: target tenders, reservations of rights/waivers between companies, "occurrence" limits, the need for allocation of settlement proceeds, etc. Anyone involved in, or who may become involved in, inter-company suits for reimbursement following settlement would be well-advised to read the opinion.