S. Alice Weeks and Lawrence J. Bracken II | Hunton Andrews Kurth In a recent opinion, the Northern District Court of Illinois reaffirmed the bedrock principle that an insurer’s duty to defend is broad and triggered by any allegations in a complaint that potentially fall within a policy’s coverage grant. In Harleysville Pref. Ins. Co. v.… Continue reading Insurer Can’t Flush Away Its Duty to Defend
Tag: Illinois
Contractor Owed a Defense
Tred R. Eyerly | Insurance Law Hawaii The Illinois Appellate Court reversed the lower court and found that the insured contractor was entitled to a defense for alleged construction defects. Acuity v. M/I Homes of Chicago, LLC, 2022 Ill. App. LEXIS 393 (Ill. Ct. App. Sept. 9, 2022). The owners association (AOAO) sued… Continue reading Contractor Owed a Defense
Illinois Appellate Court Addresses Professional Services Exclusion in Homeowners Policy
James M. Eastham | Traub Lieberman In Stonegate Ins. Co. v. Smith, 2022 IL App (1st) 210931, the Insured was performing plumbing work at a multi-story townhouse when a fire ensued causing damage to the second story unit. Although a carpenter by trade, the Insured was performing plumbing work consisting of the replacement of a shower valve… Continue reading Illinois Appellate Court Addresses Professional Services Exclusion in Homeowners Policy
No Coverage for Claim Deemed Made After Policy Expired When Insured First Received Actual Notice of Lawsuit
Elizabeth Jewell | Wiley Rein The United States District Court for the Northern District of Illinois, applying Illinois law, has held that a claim was deemed first made when the insured received actual, rather than constructive notice of the claim. Philadelphia Indem. Ins. Co. v. Lewis Produce Mkt No. 2, 2022 WL 1045640 (N.D. Ill. Apr.… Continue reading No Coverage for Claim Deemed Made After Policy Expired When Insured First Received Actual Notice of Lawsuit
Illinois Appellate Court Finds No CGL Coverage for Defective Elevator Suit
Andrew Daechsel | PropertyCasualtyFocus In the recent decision of Korte & Luitjohan Contractors Inc. v. Erie Insurance Exchange, the Fifth District Appellate Court of Illinois reaffirmed that, under Illinois law: (1) construction defects generally do not trigger coverage under commercial general liability insurance policies; (2) such policies generally do not cover the cost to repair construction… Continue reading Illinois Appellate Court Finds No CGL Coverage for Defective Elevator Suit