American Family Mutual Insurance Company v. Westfield Insurance Company

Ill.App.3d , 962 N.E.2d 993, 357 Ill. Dec. 92 (4th dist. 2011)

Words & Phrases

Collateral Estoppel

Trial Judge

Judge Lee Ann S. Hill

Appellate Judge

Justice Cook

Holding

Insurer not bound by finding of negligence in underlying suit and could raise intentional act defense even though it defended under a reservation of rights.

Fact Summary

In July 2004, Shannon and two boys found hundreds of matchbooks in a Dumpster located outside the Coachman Motel in Bloomington, Illinois. At the time, Shannon was nearing her thirteenth birthday. She resided with her paternal grandparents and father. On July 24, 2004, Shannon and the boys were lighting the Coachman Motel matches and throwing them at each other as well as on the ground. While playing with the matches, the minors walked by the Central Supply Company. A match was thrown through a cracked window at the Central Supply Company property and the property caught on fire.

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