- Western World Insurance Company v. Penn-Star Insurance Company
Duty To Defend: Exclusions
2009 WL 2605259 (S.D. Ill. 2009)
Insurer had no duty to defend or indemnify claim when the policy exclusion unambiguously precluded coverage for the underlying claim.
- Westfield Ins. Co. v. Nat’l Decorating Service, Inc.
Occurrence: In General
863 F.3d 690 (7th Cir. 2017)
Allegations of subcontractor’s negligence in failing to apply adequate coat of sealant to exterior of building satisfied policy’s “occurrence” requirement.
- Westfield Ins. Co. v. Vandenberg
Exclusions: Watercraft
796 F.3d 773 (7th Cir. 2015)
The watercraft exclusion applied to operation, maintenance or use of the insured's yacht.
- Westfield Ins. Co. v. West Van Buren, LLC
Occurrence: In General
2016 IL App (1st) 140682 (Ill. App., 2016)
Insurer had no duty to defend developer in condo association’s action because there was no “occurrence” or “accident” and no “property damage..”
- Westfield Insurance Company v. FCL Builders, Inc.
Duty To Defend: Additional Insured
407 Ill.App.3d 730, 948 N.E.2d 115, 350 Ill. Dec. 46 (1st dist. 2nd div. 2011)
General contractor did not qualify as AI on sub-subcontractor's policy because there was no written contract between GC and S-SC.
- Westfield Insurance Company v. FCL Builders, Inc.
Certificate Of Insurance
407 Ill.App.3d 730, 948 N.E.2d 115, 350 Ill. Dec. 46 (1st dist. 2nd div. 2011)
COI did not create AI coverage where certificate expressly disclaimed changes to policy.
- Westfield National Insurance Company v. Continental Community Bank and Trust Company
Duty To Defend: Intentional Act
346 Ill.App.3d 113, 804 N.E.2d 601, 281 Ill. Dec. 636 (2nd dist. 2003)
No duty to defend homeowner-insured in connection with complaint that alleged sexual abuse by insured’s husband when policy excluded coverage for intentional acts.
- Westfield National Insurance Company v. Long
Duty To Defend: Exclusions
348 Ill.App.3d 987, 811 N.E.2d 776, 285 Ill. Dec. 289 (2nd dist. 2004)
Insurer has no duty to defend or indemnify insured in suit alleging insured’s liability under the Drug Dealer Liability Act.
- Westport Insurance Corporation v. Jackson National Life Insurance Company, et al.
Professional Liability Policy: In General
387 Ill.App.3d 408, 900 N.E.2d 377, 326 Ill. Dec. 741 (3rd dist. 2008)
Professional liability insurer owes no coverage for violations of the Telephone Consumer Protection Act (“TCPA”) for faxing unsolicited advertisements because an insurance agent was not performing a professional service when it faxed the ads to potential customers.
- Whirlpool Corporation v. Certain Underwriters at Lloyd's London
Jurisdiction: Service Of Suit Clause
278 Ill.App.3d 175, 662 N.E.2d 467, 214 Ill. Dec. 901 (1st dist. 1st div. 1996)
Service of suit clause did not foreclose insurer from claiming that selected forum was inconvenient.
