Lauren Maldanado | Wiley The U.S. District Court for the Northern District of Illinois, applying Illinois law, denied an insured’s motion to stay an insurer’s declaratory judgment action seeking a declaration that it owed no duty to defend. Landmark Am. Ins. Co. v. Reprod. Genetics Inst. Inc., 2025 WL 2855214 (N.D. Ill. Oct. 8, 2025). The… Continue reading Insured’s Motion To Stay Coverage Action Denied Where Duty To Defend Is Based On Allegations Against Insured
Tag: Illinois
Permit? So What! — Illinois Supreme Court Poised to Test the Limits of Pollution Exclusions
Derrick Earl Anderson and Robert Wallan | Policyholder Pulse Blog The Illinois Supreme Court has teed up a significant insurance question: Does a standard pollution exclusion bar coverage when the alleged “pollution” was not considered to be pollution when the policy issued—where the substance was lawfully emitted under an environmental permit? The court accepted a certified question… Continue reading Permit? So What! — Illinois Supreme Court Poised to Test the Limits of Pollution Exclusions
Mechanic’s Lien Validity Can Be Decided in Alternative Dispute Resolution in Illinois
Robert J. Golterman, Jeremy P. Brummond and Taylor J. Essner | LewisRice On June 14, 2024, in a case captioned Portage Park Capital, LLC v. A.L.L. Masonry Construction Co., the Illinois First District Court of Appeals clarified and expanded the scope of arbitration in resolving disputes related to mechanic’s liens. Prior to the Portage Park decision, arbitrators determined the… Continue reading Mechanic’s Lien Validity Can Be Decided in Alternative Dispute Resolution in Illinois
A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work
Michael Roth and Lauren Stewart | Sheppard Mullin Richter & Hampton Listen to this post Illinois may have just opened a new door for developers and owners for insurance coverage when it comes to defective construction work and commercial general liability (“CGL”) coverage. Based on the recent Illinois Supreme Court ruling in Acuity v. M/I Homes… Continue reading A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work
Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage
Tred R. Eyerly | Insurance Law Hawaii The Illinois Supreme Court found that the underlying allegations addressing construction defects were sufficient to establish “property damage” caused by an “occurrence.”Acuity v. M/I Homes of Chicago, LLC, 2023 Ill. LEXIS 1019 (Ill. Nov. 30, 2023). M/I Homes was the general contractor for a… Continue reading Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage