Illinois Tool Works Inc. v. Travelers Cas. and Sur. Co.

2015 IL App (1st) 132350 (Ill. App., 2015)

Words & Phrases

Duty To Defend: Trigger Of Coverage

Trial Judge

Hon. Kathleen Kennedy

Appellate Judge

Presiding Justice Simon

Holding

Insurer owed duty to defend where allegations in underlying complaint did not preclude damages that may have occurred during the policy period.

Fact Summary

When plaintiffs' decision to expand their product line to include welding products and other items involving harmful materials such as asbestos and benzene resulted in toxic tort cases filed on behalf of those injured by exposure to the dangerous material, plaintiffs sought declaratory relief that their insurers owed them a duty to defend the underlying suits and the trial court's order finding in favor of plaintiffs was affirmed, since the insurers were required to provide a defense in the cases where the bare underlying allegations, if proved, would render plaintiffs liable, and if plaintiffs are alleged to be individually liable or liable directly and as successors, the insurers had a duty to defend, but if plaintiffs are alleged to be liable only as successors, there would be no duty to defend.

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