Stoneridge Development Company v. Essex Insurance Company
382 Ill.App.3d 731, 888 N.E.2d 633, 321 Ill. Dec. 114 (2nd dist. 2008)
Words & Phrases
Duty To Defend: Conflict Of Interest
Trial Judge
Colwell
Appellate Judge
Bowman
Holding
Reservation of rights letter could not be read to state that it would cover the implied warranty of habitability claim but not the contract claim (i.e. cover one claim but not the other). As such, there was no conflict in the defense by Essex through its retained counsel.
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