Background and Context

A recent Madison County, Illinois,[1] case explored whether the actions of an insurance carrier could waive an insured’s personal jurisdiction defense in an asbestos exposure wrongful death case. This appears to be an issue of first impression in Madison County asbestos litigation, but plaintiffs could raise this argument in other types of litigation and in other courts as well.

The Court ultimately found there had been no waiver and granted defendant’s motion to dismiss for lack of personal jurisdiction, but the arguments presented show how early communications can create risk.

Facts of the Case

Plaintiffs Sharon…

Continue Reading Carriers Beware! Avoid Waiving Personal Jurisdiction Defense of Your Insured