Getting Plaintiffs (and Their Lawyers) Paid on Judgments in Excess of Available Insurance (or Congrats: You Won! Now What?)

07.10.25

Congratulations! Your client just won a judgment. But what happens when that judgment exceeds the available insurance coverage?

In the summer 2025 issue of Trial Journal magazine by the Illinois Trial Lawyers Association, Aronberg Goldgehn Member Andrew R. Schwartz explores legal strategies and practical tools available to plaintiffs and their attorneys after receiving a favorable judgment that surpasses the defendant's insurance limits.

In his article, “Getting Plaintiffs (and Their Lawyers) Paid on Judgments in Excess of Available Insurance (or Congrats: You Won! Now What?),” Schwartz outlines a range of legal avenues — from bad faith claims and assignments of rights to covenant judgments and contribution actions — that trial lawyers can use to pursue full recovery for their clients. He also highlights common pitfalls to avoid when navigating post-judgment recovery.

The article features case law analysis, procedural considerations and insights into how courts evaluate these strategies and the potential for insurer liability beyond stated coverage limits.

Download the article here.

Download the article here.