Farmers Automobile Ins. Ass’n. v. Neumann

2015 IL App (3d) 140026 (Ill. App., 2015)

Words & Phrases

Duty To Defend: In General

Trial Judge

Hon. Paul Gilfillan

Appellate Judge

Justice O'Brien

Holding

Where suits against insured were consolidated, insurer had duty to defend insured against both complaints.

Fact Summary

 

In an action arising from an automobile accident in which defendant’s car struck a police officer who was directing traffic and two suits were filed against the driver, the first by the policeman alleging intentional assault and intentional battery, and the second by the driver’s insurer seeking a declaratory judgment that it had no duty to defend the driver in the policeman’s action because the policy did not cover claims for intentional conduct, then the city’s workers’ compensation insurer sued the driver to recover the workers’ compensation benefits it would have to pay the officer, the driver moved to consolidate the actions filed by the officer and the city’s workers’ compensation insurer, the driver’s insurer acknowledged its obligation to defend the driver under a reservation of rights, and when the trial court denied the driver’s cross-motion for summary judgment that his insurer had to defend both the actions to recover the workers’ compensation benefits and the officer’s action against the driver and granted the insurer’s motion for summary judgment, the driver appealed and the appellate court reversed the entry of summary judgment for the driver’s insurer and remanded the case with an order that the trial court enter summary judgment for the driver based on the finding that his insurer had a duty to defend the officer’s action.

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