Ismie Mutual Insurance Company v. Michaelis Jackson & Associates, LLC

State: Illinois

Court: 5th District Appellate

Docket No: 5-08-0426 Rel

Case Date: 12/30/2009

Preview:N O T IC E Decision filed 12/30/09. The text of this dec ision m ay b e changed or corrected prior to the P e t i ti o n for filing of a or the

NO. 5-08-0426 IN THE APPELLATE COURT OF ILLINOIS

Re hea ring

FIFTH DISTRICT ________________________________________________________________________ ISMIE MUTUAL INSURANCE COMPANY, ) Appeal from the ) Circuit Court of Plaintiff and Counterdefendant-Appellee, ) Williamson County. ) v. ) No. 07-MR-128 ) MICHAELIS JACKSON & ASSOCIATES, ) LLC, and MICHAELIS BILLY JACKSON, M.D., ) ) Defendants and Counterplaintiffs-Appellants, ) ) and ) ) MARSHA TURNER and CAROLYN SWARTOS, ) Honorable ) Brad K. Bleyer, Defendants and Counterdefendants-Appellees. ) Judge, presiding. ________________________________________________________________________ JUSTICE CHAPMAN delivered the opinion of the court: In this declaratory judgment action, defendants Michaelis Jackson & Associates, LLC, and Michaelis Billy Jackson, M.D. (collectively Jackson), appeal from the trial court's July 16, 2008, order granting the motions filed by ISMIE Mutual Insurance Company (ISMIE) for a judgment on the pleadings and for a summary judgment from the trial court's order of the same date denying Jackson's motion for a summary judgment. At issue was ISMIE's duty to defend and indemnify Jackson for a suit brought by Marsha Turner and Carolyn Swartos, former employees of Jackson. These former employees had filed a qui tam suit against Jackson and alleged that Jackson had performed numerous medically unnecessary cataract surgeries and invasive follow-up procedures. ISMIE took the position that the allegations of the former employees fell outside of ISMIE's policy coverage. Specifically, ISMIE argued that there were no claims alleged against Jackson involving 1

disposition of the same.

"personal injury" caused by "professional services." We affirm. Jackson sought a defense and coverage from ISMIE in the United States District Court for the Southern District of Illinois from the suit brought by former employees under the False Claims Act (31 U.S.C.

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