Common-interest doctrine exception applies to broker litigation

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted September 4, 2018 10:26 AM

The 2nd District Appellate Court recently held that the common-interest exception to the attorney-client privilege would apply as to allow discovery of certain otherwise privileged communications of insureds in their litigation against a broker for failure to procure adequate coverage.The insured foundations, Robert R. McCormick Foundation and Cantigny Foundation were represented by Shook, Hardy & Bacon LLP. Ellis Legal P.C. represented the broker, Arthur J. Gallagher Risk Management Services Inc.The case is Robert R …

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