United Conveyor Corp. v. Allstate Ins. Co.

2017 IL App (1st) 162314 (Ill. App., 2017)

Words & Phrases

Occurrence: Number Of

Trial Judge

Franklin U. Valderrama

Appellate Judge

Mason

Holding

continuous manufacture and sale of conveyor systems incorporating asbestos containing products was a single occurrence.

Fact Summary

In this insurance declaratory judgment action, the insured, plaintiff United Conveyor Corporation (United), appeals the trial court’s entry of summary judgment in favor of the insurers, defendants The Travelers Indemnity Company and Travelers Casualty and Surety Company (Travelers), claiming the trial court erred in finding that United’s asbestos related losses resulted from the single occurrence of continuous manufacturing and selling ash-handling conveyor systems containing asbestos parts. The insurance policies carried a higher aggregate limit than the per-occurrence limit.1  United claims that the asbestos losses should have been characterized as multiple occurrences because the asbestos exposure resulted from the separate installation and maintenance of the custom-designed conveyor systems. United also claims the trial court abused its discretion in denying United’s motion for leave to amend its complaint after entry of summary judgment in Travelers’ favor because the proposed amendment would have conformed the complaint to the arguments the parties raised during the summary judgment hearing and to the evidence adduced during discovery. Finding no error in the trial court rulings, we affirm.

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