Defense counsel has interest in the party with whom it settles

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Freeman, Mathis, & Gary LLP, focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted May 4, 2022 11:29 AM

“The public policy concerns here of having an insurance company attorney trying to enforce a settlement” is inappropriate.That was among the arguments recently made by counsel for the plaintiff-appellant before the Illinois Appellate Court, 1st District, in Lukanty v. Milos, No. 1-21-0794. The plaintiff sued for a severed finger, and a settlement was reached with defense counsel for $19,000 cash from one defendant, $4,000 from another defendant, and unsecured promise to pay $1,000 per month after the execution of the …

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