Central Illinois Compounding, Inc. v. Pharmacists Mutual Insurance Co.

2018 IL App (3d) 170809 (Ill. App., 2018)

Words & Phrases

Fire Insurance: Exclusions

Trial Judge

Jodi M. Hoos

Appellate Judge

Schmidt

Holding

Exclusion in property policy for damage caused by “water below the surface of the ground” applied to above-ground damage when an underground water line was struck in a boring operation.

Fact Summary

Central Illinois Compounding, Inc., d/b/a Preckshot Professional Pharmacy (Preckshot) filed suit against Pharmacists Mutual Insurance Company (Pharmacists Mutual), alleging that Pharmacists Mutual breached the insurance policy contract between the parties by denying Preckshot’s claim. Pharmacists Mutual filed a counterclaim seeking a declaratory judgment that Preckshot’s claim was barred by exclusions in the policy. Pharmacists Mutual, in its capacity as counterplaintiff, filed a motion for summary judgment, which the circuit court granted. On appeal, Preckshot argues that the circuit court’s ruling was erroneous because  Pharmacists Mutual failed to demonstrate that Preckshot’s claim was excluded by the policy. We affirm.

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