Airdo Werwas LLC Airdo Werwas LLC

Illinois Courts Will Consider Claim File Notes in Finding an Insurer Must Defend

attorney

Based on information contained in the insurer’s own claim file note, the Illinois Appellate Court found an insurer had a duty to defend its insured’s subcontractor, continuing the recent trend of expanding materials that a court may consider in determining the duty to defend.   In Pekin Insurance Company v. AAA-1 Masonry & Tuckpointing, Inc., 2017 IL App (1st) 160200 at ¶24, the court noted that it may consider evidence of the insurer’s knowledge of facts outside the complaint which may indicate potential coverage for the claim when considered with the complaint’s allegations, as long as consideration of this evidence would not determine liability issues in the underlying case.

Click here for a more detailed summary of the Court’s decision.

Categories: 
Related Posts
  • Johnson Amendment Remains in Full Force After Texas Court Dismisses National Religious Broadcasters v. Bessent on Procedural Grounds Read More
  • Illinois Unemployment Tax Exemptions After Catholic Charities Read More
  • Did ChatGPT Just Practice Law? The Lawsuit that Could Redefine AI and Developer Liability Read More
/