CHICAGO – An insurer alleges it has no duty to indemnify a doctor in a lawsuit.
Ismie Mutual Insurance Co. filed a complaint on Sept. 24 in Cook County Circuit Court against physician Eugene Pergament, seeking declaratory judgment.
According to the complaint, the plaintiff issued a professional liability police to Pergament in 2009.
The suit states in 2010, Pergament and his practice were named in a suit by a couple over allegations of wrongful birth.
The plaintiff alleges that it does not have a duty to indemnify Pergament for any liability arising out of his role as director or management or entrepreneurial activities involving a business or entity not insured by it and that it has no duty to indemnify him for liability not involving personal injury.
The plaintiff seeks judgment against defendants for punitive damages, costs of action, and other relief as the court deems just. They are represented by Krista R. Frick of Barker & Castro LLC in Chicago.
Cook County Circuit Court case number 18-CH-11983