Insurer Not in Contempt in Hog Farm Odor Coverage Row
Washington partner Chuck Hadden was mentioned in a January 27 Law360 article for his representation of Country Mutual Insurance Co. The company had an Illinois appeals court reverse a lower court’s finding that it was in indirect civil contempt for failing to comply with orders holding it responsible for the defense of an underlying suit regarding complaints over odors from a hog farm and for the insureds’ legal fees in defending Country’s separate declaratory judgment action to determine coverage.
In a December 22 ruling, a three-judge appellate panel determined that Country could not be held in contempt for failing to pay defense costs in the underlying suit because that suit had been stayed. The court also held that the order regarding attorneys’ fees and costs in the instant declaratory judgment action couldn’t support a civil contempt finding, absent findings of the amount of fees and unreasonable and vexatious conduct by Country.
D.C. partner Tom Blair and D.C. associate Brandon Almond also participated in the drafting of the appellate brief.