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Rogers v. Robson, Masters, Ryan, Brumund and Belom

Illinois Appellate Court

392 N.E.2d 1365 (1979)

Facts

A medical-malpractice action was filed against James Rogers, M.D. (plaintiff). Rogers’s liability-insurance carrier retained the law firm of Robson, Masters, Ryan, Brumond and Belom (Robson) (defendant) to represent Rogers in the action. Rogers explicitly instructed Robson not to settle the action. The insurance policy permitted the insurer to settle without the insured’s consent if the insured was no longer a current insured. At the insurance company’s insistence, Robson settled the case against Rogers’s instructions. By this time, Rogers’s policy with the carrier had expired and had not been renewed. Rogers was not informed that Robson intended to settle or had settled the action. Rogers sued Robson for wrongfully settling the case without Rogers’s consent or knowledge. The trial court granted Robson’s motion for summary judgment. Rogers appealed.

Rule of Law

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Issue

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Holding and Reasoning (Stouder, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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