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
  • Supreme Court Upholds Private Right of Action for FNHRA Suits: Health and Hospital Corporation of Marion County v. Talevski Read More
  • Illinois Appellate Court Finds a Duty to Defend a BIPA Claim under the Media Liability Coverage Section of a Cyber Insurance Policy Read More
  • Notice: Compliance with the IL Open Meetings Act Section 2.02 Read More
/