Recent Illinois Supreme Court Decision on Construction Defect Claim Is a Perfect Holiday Gift for Policyholders

Tamara Bruno and William Miller | Policyholder Pulse Blog The Illinois Supreme Court handed down a big win for policyholders just in time for the holidays. In Acuity v. M/I Homes of Chicago, LLC, the court joined the mainstream of jurisdictions and reversed years-old precedent that severely limited policyholders’ ability to tap their liability coverage for… Continue reading Recent Illinois Supreme Court Decision on Construction Defect Claim Is a Perfect Holiday Gift for Policyholders

Negligent Damage to an Insured’s Work Now Considered “Property Damage” Caused by an “Occurrence” Under Illinois Law

Bevin Carroll and Julie Klein | Kennedys In a landmark decision, the Illinois Supreme Court has set forth a new legal framework to follow when analyzing coverage for construction defect claims under CGL policies. In Acuity v. M/I Homes of Chicago, LLC, 2023 IL 129087, __ N.E.3d __ (2023) (“Acuity”), Illinois’ highest court abrogated the longstanding… Continue reading Negligent Damage to an Insured’s Work Now Considered “Property Damage” Caused by an “Occurrence” Under Illinois Law

Illinois Joins the Pack on Defective Construction as an Occurrence

Anna M. Perry | Saxe Doernberger & Vita Illinois joins the majority of states finding “property damage that results inadvertently from faulty work can be caused by an ‘accident’ and therefore constitute an ‘occurrence’.” The Illinois Supreme Court’s ruling in Acuity v. M/I Homes of Chicago, LLC1 (“Acuity v. M/I Homes”) is the first high court ruling… Continue reading Illinois Joins the Pack on Defective Construction as an Occurrence

Illinois Supreme Court Issues Landmark Construction Insurance Coverage Ruling

James Davis, Bradley Dlatt and Kahin Tong | Perkins Cole In a landmark decision, the Illinois Supreme Court has granted a major victory for policyholders seeking general liability insurance coverage for construction defect and faulty workmanship claims. For years, Illinois’ intermediate appellate courts rewrote general liability policies to eviscerate coverage for owners, developers, builders, general… Continue reading Illinois Supreme Court Issues Landmark Construction Insurance Coverage Ruling

Insurer Can’t Flush Away Its Duty to Defend

S. Alice Weeks and Lawrence J. Bracken II | Hunton Andrews Kurth In a recent opinion, the Northern District Court of Illinois reaffirmed the bedrock principle that an insurer’s duty to defend is broad and triggered by any allegations in a complaint that potentially fall within a policy’s coverage grant.  In Harleysville Pref. Ins. Co. v.… Continue reading Insurer Can’t Flush Away Its Duty to Defend