Sentry Ins. Co. v. Continental Cas. Co.

2017 IL App (1st) 161785 (Ill. App., 2017)

Words & Phrases

Declaratory Judgment: Procedure

Trial Judge

Kathleen Pantle

Appellate Judge

Gordon

Holding

Court did not abuse its discretion in staying consideration of “care, custody, and control” or "professional liability" exclusions where factual considerations for application of exclusions could have an effect on the underlying litigation.

Fact Summary

The instant interlocutory appeal concerns the trial court’s grant of a stay on the issue of whether Continental Casualty Company (Continental) owes a duty to indemnify Northwestern Medical Faculty Foundation (the Foundation) for any liability the Foundation incurs as a result of a number of lawsuits filed against it based on the failure of the Foundation’s cryogenic tanks, which had held semen and testicular tissue specimens that were rendered unusable. Continental argues that the trial court erred in granting the stay because interpreting the two applicable exclusions to insurance coverage would not have involved the determination of an ultimate fact in the underlying litigation. Alternatively, Continental argues that if the trial court stayed the analysis concerning the applicability of the policy’s exclusions, it should have also stayed the litigation concerning whether there was a duty to defend the Foundation under the policy. Continental also argues in the alternative that the trial court should have, at a minimum, determined coverage issues concerning two lawsuits that had already been settled. For the reasons that follow, we affirm

Back