United States Seventh Circuit

In an insurance-coverage dispute involving back-to-back claims-made medical malpractice liability policies issued by two different insurers, a judgment awarding breach of contract damages and statutory penalties to the insured doctor is affirmed with the exception of the statutory penalties, which was improper because an insurer's conduct is not considered vexatious and unreasonable under the Illinois statute at issue if there is a bona fide dispute about coverage.

Appellate Information

• Argued 11/08/2006
• Decided 11/13/2007
• Published 11/13/2007

Judges

• SYKES, Circuit Judge., Before CUDAHY, KANNE, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Brian A. Schroeder (argued), Cassiday, Schade & Gloor, Chicago, IL, for Plaintiff-Appellant., Douglas A. Enloe (argued), Larry N. Sloss, Jr., Gosnell, Borden, Enloe & Sloss, Lawrenceville, IL, for Hyun Kim., Joan R. Stohl, Schaumburg, IL, for Terry Jennings, Earl H. Jennings., Stephen R. Kaufmann (argued), Hepler, Broom, MacDonald, Herbrank, True & Noce, Edwardsville, IL, for Illinois Ins. Guar. Fund.