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IL App. (1st Dist.) / Products and Services Exclusion

Broad Exclusion Applies Even to Claims Regarding Sale Through Intermediary The 1st District Appellate Court of Illinois, in an opinion... Read More

IL App. (2nd Dist.) / Duty to Defend

Extrinsic Facts Outside of Complaint Not Permissible in Determining Duty to Defend The Illinois Appellate Court for the Second... Read More

N.D. IL / Independent Counsel

No Conflict Unless Two Mutually Exclusive Theories of Liability The United State District Court for the Northern District of... Read More

N.D. IL / Business Interruption

Government Shutdown for COVID-19 Not “Direct Physical Loss” The U.S. District Court for the Northern District of Illinois Eastern Division,... Read More

WI. App. (Dist. 1)

No Defense to “Big Brother” Volunteer for Allegations of Sexual Abuse The Wisconsin Court of Appeals for District 1, applying... Read More

IL App. (1st Dist.) / Pollution

No Duty to Defend or Indemnify Allegations of Intentional Conduct The Illinois Appellate Court for the First District, in... Read More

IL App 1st Dist.

Discovery Rule Applied to Claim Against Broker for Failure to Procure Excess Coverage The Illinois Appellate Court for the First... Read More

IL App 5th / Class Action

Actual Cash Value Does Not Allow for Depreciation of Labor Costs The Illinois Appellate Court for the Fifth District, in... Read More


Timeline

October 2020

IL App. (1st Dist.) / Products and Services Exclusion

Broad Exclusion Applies Even to Claims Regarding Sale Through Intermediary The 1st District Appellate Court of Illinois, in an opinion by Justice Gordon, affirmed the trial court’s grant of summary judgement for The Hanover Insurance Company (“Hanover”) against its insureds, holding that Hanover did not have a duty to defend due to a broad “Products and Services Liability” exclusion in its insurance policy issued to MRC Polymers, Inc. (“MRC”).  The appellate court found the exclusion barred coverage not only in [...]

IL App. (2nd Dist.) / Duty to Defend

Extrinsic Facts Outside of Complaint Not Permissible in Determining Duty to Defend The Illinois Appellate Court for the Second District, in an opinion written by Justice Hutchinson with Justices Birkett and Schostok concurring, applying Illinois law, affirmed the opinion of the trial court and held Pekin Insurance Company (“Pekin”) did not have a duty to defend McKeown Classic Homes, Inc. (“McKeown”), a construction company, in a lawsuit involving a conversion claim. The appellate court found Pekin’s duty to defend [...]


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IL App. (1st Dist.) / Products and Services Exclusion

Broad Exclusion Applies Even to Claims Regarding Sale Through Intermediary The 1st District Appellate Court of Illinois, in an opinion by Justice Gordon, affirmed the trial court’s grant of summary judgement for The Hanover Insurance Company (“Hanover”) against its insureds, holding that Hanover did not have a duty to defend due to a broad “Products and Services Liability” exclusion in its insurance policy issued to MRC Polymers, Inc. (“MRC”).  The appellate court found the exclusion barred coverage not only in [...]

IL App. (2nd Dist.) / Duty to Defend

Extrinsic Facts Outside of Complaint Not Permissible in Determining Duty to Defend The Illinois Appellate Court for the Second District, in an opinion written by Justice Hutchinson with Justices Birkett and Schostok concurring, applying Illinois law, affirmed the opinion of the trial court and held Pekin Insurance Company (“Pekin”) did not have a duty to defend McKeown Classic Homes, Inc. (“McKeown”), a construction company, in a lawsuit involving a conversion claim. The appellate court found Pekin’s duty to defend [...]

N.D. IL / Independent Counsel

No Conflict Unless Two Mutually Exclusive Theories of Liability The United State District Court for the Northern District of Illinois, in memorandum and order written by Judge Feinerman, applying Illinois law, granted Westfield National Insurance Company’s (“Westfield”) motion for summary judgment and declared that the insured, Builders Concrete Services, LLC (“Builders”), was not entitled to independent counsel in a case stemming from alleged faulty construction.  The district court found no conflict of interest despite Westfield’s reservation of rights and [...]


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IL App. (1st Dist.) / Products and Services Exclusion

Broad Exclusion Applies Even to Claims Regarding Sale Through Intermediary The 1st District Appellate Court of Illinois, in an opinion by Justice Gordon, affirmed the trial court’s grant of summary judgement for The Hanover Insurance Company (“Hanover”) against its insureds, holding that Hanover did not have a duty to defend due to a broad “Products and Services Liability” exclusion in its insurance policy issued to MRC Polymers, Inc. (“MRC”).  The appellate court found the exclusion barred coverage not only in [...]

IL App. (2nd Dist.) / Duty to Defend

Extrinsic Facts Outside of Complaint Not Permissible in Determining Duty to Defend The Illinois Appellate Court for the Second District, in an opinion written by Justice Hutchinson with Justices Birkett and Schostok concurring, applying Illinois law, affirmed the opinion of the trial court and held Pekin Insurance Company (“Pekin”) did not have a duty to defend McKeown Classic Homes, Inc. (“McKeown”), a construction company, in a lawsuit involving a conversion claim. The appellate court found Pekin’s duty to defend [...]


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IL App. (1st Dist.) / Products and Services Exclusion

Broad Exclusion Applies Even to Claims Regarding Sale Through Intermediary The 1st District Appellate Court of Illinois, in an opinion by Justice Gordon, affirmed the trial court’s grant of summary judgement for The Hanover Insurance Company (“Hanover”) against its insureds, holding that Hanover did not have a duty to defend due to a broad “Products and Services Liability” exclusion in its insurance policy issued to MRC Polymers, Inc. (“MRC”).  The appellate court found the exclusion barred coverage not only in [...]

IL App. (2nd Dist.) / Duty to Defend

Extrinsic Facts Outside of Complaint Not Permissible in Determining Duty to Defend The Illinois Appellate Court for the Second District, in an opinion written by Justice Hutchinson with Justices Birkett and Schostok concurring, applying Illinois law, affirmed the opinion of the trial court and held Pekin Insurance Company (“Pekin”) did not have a duty to defend McKeown Classic Homes, Inc. (“McKeown”), a construction company, in a lawsuit involving a conversion claim. The appellate court found Pekin’s duty to defend [...]


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IL App. (1st Dist.) / Products and Services Exclusion

Broad Exclusion Applies Even to Claims Regarding Sale Through Intermediary The 1st District Appellate Court of Illinois, in an opinion by Justice Gordon, affirmed the trial court’s grant of summary judgement for The Hanover Insurance Company (“Hanover”) against its insureds, holding that Hanover did not have a duty to defend due to a broad “Products and Services Liability” exclusion in its insurance policy issued to MRC Polymers, Inc. (“MRC”).  The appellate court found the exclusion barred coverage not only in [...]

IL App. (2nd Dist.) / Duty to Defend

Extrinsic Facts Outside of Complaint Not Permissible in Determining Duty to Defend The Illinois Appellate Court for the Second District, in an opinion written by Justice Hutchinson with Justices Birkett and Schostok concurring, applying Illinois law, affirmed the opinion of the trial court and held Pekin Insurance Company (“Pekin”) did not have a duty to defend McKeown Classic Homes, Inc. (“McKeown”), a construction company, in a lawsuit involving a conversion claim. The appellate court found Pekin’s duty to defend [...]


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IL App. (1st Dist.) / Products and Services Exclusion

Broad Exclusion Applies Even to Claims Regarding Sale Through Intermediary The 1st District Appellate Court of Illinois, in an opinion by Justice Gordon, affirmed the trial court’s grant of summary judgement for The Hanover Insurance Company (“Hanover”) against its insureds, holding that Hanover did not have a duty to defend due to a broad “Products and Services Liability” exclusion in its insurance policy issued to MRC Polymers, Inc. (“MRC”).  The appellate court found the exclusion barred coverage not only in [...]

IL App. (2nd Dist.) / Duty to Defend

Extrinsic Facts Outside of Complaint Not Permissible in Determining Duty to Defend The Illinois Appellate Court for the Second District, in an opinion written by Justice Hutchinson with Justices Birkett and Schostok concurring, applying Illinois law, affirmed the opinion of the trial court and held Pekin Insurance Company (“Pekin”) did not have a duty to defend McKeown Classic Homes, Inc. (“McKeown”), a construction company, in a lawsuit involving a conversion claim. The appellate court found Pekin’s duty to defend [...]