Old Republic Insurance Co. v. Pro-Agr, Inc.
2021 IL App (4th) 200340 (Ill. App., 2021)Words & Phrases
Duty to Defend: Extrinsic EvidenceTrial Judge
Mark S. Goodwin and Karen E. WallAppellate Judge
TurnerHolding
The court should have considered both the allegations in the underlying complaint and the admissions made by the insured in response to requests to admit, as these admissions did not determine an issue crucial to the determination of the underlying lawsuit.Fact Summary
On April 2, 2019, Old Republic filed a declaratory judgment action against Pro-Agr and Dowdy, alleging it had no duty to defend or indemnify Pro-Agr with respect to a lawsuit filed by Dowdy against Pro-Agr for bodily injuries Dowdy suffered while flying Pro-Agr’s airplane. In the underlying case, Dowdy filed suit against Pro-Agr; George Camaratta, d/b/a Aerocrop Services; and Connie Camaratta, d/b/a Aerocrop Services. The Camarattas, both doing business as Aerocrop Services, are not parties to Old Republic’s declaratory judgment action.
On appeal, Old Republic argues the trial court erred in denying its motion for summary judgment and ruling as a matter of law that Old Republic had a duty to indemnify and provide coverage to Pro-Agr in the underlying bodily injury claim brought by Dowdy for injuries he suffered while flying Pro-Agr’s airplane. We reverse the trial court’s order requiring Old Republic to defend and provide coverage to Pro-Agr in the underlying action and remand this case with instructions for the trial court to grant Old Republic’s motion for summary judgment.
In the underlying case, Dowdy alleged he was injured when Pro-Agr’s Air Tractor AT-602 airplane, which Dowdy was flying, crashed because of mechanical failure. Dowdy alleged his injuries were caused by Pro-Agr’s breach of its duty (1) to maintain, inspect, and repair its airplane and (2) to “adhere to Airworthiness Directives applicable to the airplane, failed to maintain service and maintenance records for the airplane, and failed to inform Dowdy of service and maintenance issues concerning the airplane.”