Jack J. Casciato, partner at Clifford Law Offices, authored an article for the Chicago Daily Law Bulletin, titled, “Hiding Any Insurance Coverage Should be Grounds for Sanctions.”
Published Tuesday, April 25, 2023, Jack’s informative piece discusses the unethical and misleading tactic by defense and insurance companies to conceal coverage, creating the possibility of an unfair outcome for plaintiffs and an unnecessary use of court resources. He explains that in many cases, a plaintiff’s decision to take their case to trial is often based on what has not been offered versus what they can seek in a trial, which can mean a massive difference for a plaintiff with permanent, life-altering injuries. Jack describes the value of insurance interrogatories, which can be requested by the judge and “require a defendant to disclose all coverage regardless of defense counsel’s valuation of the case,” but also points out the discrepancies in holding counsel and organizations accountable for their dishonesty.
“Illinois appellate courts have not rendered an opinion directly related to whether sanctions should be imposed if a defendant or insurer fails to identify all coverage, but Illinois trial courts can turn to other jurisdictions for guidance.”
Unfortunately, this unethical behavior is still experienced in the modern courtroom despite thorough insurance interrogatories. Jack provides the example of the 2014 case, Ford Motor Co. v. Conley during which the court found Ford to be hiding a number of insurance policies from which the plaintiff could have benefited. Whether it is the insurance providers misleading the defense counsel on coverage availability or the defense hiding coverage from the court, Jack advises the best plan of action for plaintiffs counsel is to, “Leave no stone unturned.”
Jack J. Casciato is an experienced personal injury attorney with Clifford Law Offices who concentrates on major truck accidents, premises liability, and complex personal injury and wrongful death litigation. His years of experience as a truck accident defense attorney provide him with incredible insider knowledge as he advocates for individuals involved in tragic accidents against corporations and insurance companies.
To read Jack’s article in full, click here.