The Second District holds that a delayed motion to disqualify filed after counsel had achieved partial success on the merits, and premised on unrelated prior representation, was properly denied.
Liberty National Enterprises, L.P. (Liberty) retained Donald McDougal to sue its title insurer, Chicago Title Insurance Company (Chicago), for bad faith. After two years of litigation and Liberty’s success in phase one of a three phase trial, Chicago moved to disqualify McDougal. Chicago claimed that McDougal had learned confidential information about its claims policies when McDougal represented its insureds more than fifteen years earlier. Chicago also claimed that McDougal’s role as a witness disqualified him.