Travelers Personal Ins. Co. v. Edwards

2016 IL App (1st) 141595 (Ill. App., 2016)

Words & Phrases

Occurrence: In General

Trial Judge

David Atkins

Appellate Judge

Hall

Holding

Suit against insureds by their neighbor to relocate a driveway easement that was causing flooding on neighbor’s property was not result of an occurrence.

Fact Summary

Homeowners’ insurer had no duty to defend or indemnify where suit against insureds by their neighbor sought to relocate a driveway easement that was causing flooding on neighbor’s property, because the recurring flood damage was a natural and ordinary consequence of insureds’ refusal to alter the driveway easement and was reasonably expected by the insureds and was not the product of an accident, and thus not the result of an “occurrence.

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