“All Sums” Decision In Illinois

Our attorneys were retained to represent a policyholder in an Illinois asbestos bodily injury coverage case that had been pending more than five years.  We persuaded the trial court to overturn its previous orders from before our representation and hold that an insurer was obligated to pay “all sums” for claims triggering its policy – that is, the insurer was obligated to pay our client’s liability in full, subject only to any applicable policy limits.  The decision is particularly notable because it reverses a prior trend in Illinois that limited each excess insurer’s obligation to a prorated share of the claim.