Selective Ins. Co. v. Cherrytree Companies, Inc.

2013 IL App (3d) 120959 (Ill. App., 2013)

Words & Phrases

Duty To Indemnify

Trial Judge

Hon. Marc P. Bernabei

Appellate Judge

Justice Carter

Holding

Iinsurer’s duty to indemnify does not depend on the filing of a suit against the insured.

Fact Summary

Rejected Zurich Ins Co v Carus Corp., 293 Ill. App. 3d 906 (1st 1997) as holding there is no duty to indemnify if there is no duty to defend.

Was persuaded by Sokol & Co. v. Atlantic Mut. Ins. Co., 430 F.3d 417 (7th CIr. 2005) and Keystone Consolidated Ind. v. Employers Ins. Co, 456 F.3d 758 (7th Cir. 2006) for holding that under Illinois law, the insured is entitled to indemification for claims that do not arise from the resolution of a lawsuit, so long as those claims satisfy the requirements for coverage.

2013 120959

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