Punitive Damages Demand Alone Likely Insufficient to Trigger Independent Counsel

In Illinois, the question of when an insured is entitled to independent counsel can be complex, especially in cases involving punitive damages. While some precedents suggest a conflict of interest arises, a recent ruling in Bean Products, Inc. v. Scottsdale Insurance Co. challenges this notion. The court clarified that a mere demand for punitive damages does not automatically create a conflict warranting independent counsel. Instead, it emphasized the importance of evaluating each case’s unique circumstances. Discover how these legal nuances could impact your rights and defenses in insurance claims.