Pekin Insurance Company v. Jack O. Wilson, et al.

237 Ill.2d 446, 930 N.E.2d 1011, 341 Ill. Dec. 497 (2010)

Words & Phrases

Duty To Defend: Intentional Act

Trial Judge

Lamar

Appellate Judge

JUSTICE KARMEIER

Holding

(1) The determination of a duty to defend does not necessarily entail a review of solely the allegations in the complaint of the underlying action but may take into account other pleadings in that action. (2) Allegations of self-defense by insured in counterclaim of underlying case brought the case within the self-defense exception to the intentional act exclusion, and thus within coverage under the policy.

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