St. Pierre v. Koonmen

              No. 2--06--0139 filed: 2/6/07
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IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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DEBORAH ST. PIERRE, ) Appeal from the Circuit Court
) of Winnebago County.
Plaintiff-Appellee, ))
v. ) No. 04--L--188
)
KARL C. KOONMEN, ))
Defendant ))
Honorable
(Ohio Casualty Insurance Company, ) Joseph G. McGraw,
Intervenor-Appellant). ) Judge, Presiding.
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JUSTICE CALLUM delivered the opinion of the court:
Intervenor, Ohio Casualty Insurance Company (Ohio Casualty), appeals the circuit court's
order denying its claim for a lien against the proceeds of a legal malpractice settlement between
plaintiff, Deborah St. Pierre, and her former attorney, Karl C. Koonmen. The court ruled that Ohio
Casualty was not entitled to reimbursement because Koonmen did not cause the injury for which
Ohio Casualty paid benefits. Ohio Casualty argues that its policy unambiguously provides that it is
entitled to reimbursement regardless of whether St. Pierre recovered from the original tortfeasor.
We affirm.
When St. Pierre was involved in an auto accident, Ohio Casualty paid her benefits. Ohio
Casualty's policy provides that if Ohio Casualty pays under the policy and the insured "recovers
damages from another," she shall reimburse Ohio Casualty for any payments it made.