Zegar v. Sears Roebuck and Co.

Plaintiff, Marion Zegar, on her own behalf and as alleged class representative of others similarly situated, filed this action against defendants, Sears Roebuck & Company (Sears) and Allstate Insurance Company (Allstate). Zegar seeks to compel Allstate, Sears’ insurer, to pay medical expense benefits directly to those persons injured on the premises of Sears stores. Zegar relies on certain language in the policy of insurance that she claims authorizes third-party claimants to directly sue the insurer (Allstate) without first receiving a judgment or settlement from the insured (Sears).

Sears is…