Sentinel Insurance Company v. Walsh Construction Company, et al.

F. Supp. 2d (N.D. Ill. 2018)

Words & Phrases

Duty To Defend: Estoppel

Trial Judge

Judge Jorge L. Alsonso

Holding

Two-year delay estops insurer from raising coverage defense based on professional services exclusion.

Fact Summary

15 C 6438 1/16/2018

In this diversity case, plaintiff, Sentinel Insurance Company (“Sentinel”), has filed a motion for summary judgment, seeking a declaration that it owes no duty to defend and indemnify Walsh Construction Company (“Walsh”) or Genesis Structures, Inc. (“Genesis”), for claims brought against them in a recent lawsuit stemming from the accidental death of James Quigley, an ironworker.  Walsh opposes Sentinel’s motion and moves for summary judgment on its counterclaim.  For the following reasons, Sentinel’s motion is denied and Walsh’s motion is granted in part.  Sentinel had a duty to defend Walsh, and because Sentinel breached its duty, it is estopped to assert policy defenses.

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