Indemnification

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7^th Circuit Court of Appeals

Case Name: Cincinnati Insurance Company v. Estate of Toni Chee, et al

Case No.: 15-3243

Officials: EASTERBROOK, MANION, and ROVNER, Circuit Judges.

Focus: Indemnification

Insurance company obligated to defend interest of estate against medical defendants.

“What we have said so far shows that the duty of indemnity, if any, depends on what happens in the underlying litigation. That makes it inappropriate to try to resolve that matter in an anticipatory action seeking a declaratory judgment, beyond stating the point that neither defense nor indemnity is appropriate in the estate’s suit against Sam. Trying to pin down what duties of indemnity Cincinnati might owe in the other suit under various possible outcomes would be premature. See Panfil v. Nautilus Insurance Co., 799 F.3d 716, 722 n.2 (7th Cir. 2015); Lear Corp. v. Johnson Electric Holdings Ltd., 353 F.3d 580, 583–85 (7th Cir. 2003); Grinnell Mutual Reinsurance Co. v. Reinke, 43 F.3d 1152 (7th Cir. 1995); Travelers Insurance Cos. v. Penda Corp., 974 F.2d 823, 833–34 (7th Cir. 1992).”

Affirmed in part

Reversed and remanded in part

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.