CNA International, Inc. v. Baer

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 112174
Decision Date: 
November 21, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 3rd Div.
Justice: 
EPSTEIN
Holding: 
Affirmed.
Partially constructed three-unit condominium was in foreclosure proceedings, and development company and its insurer then filed suit against receiver. Developer failed to state a cause of action for negligence against receiver; substantial water damage and mold damage had already occurred prior to time that receiver gained access to properly by forced entry, per court order. Conclusory allegations not supported by specific factual allegations, and without attachment of settlement documents and assignments, can be disregarded, and thus, court correctly dismissed insurer's breach of contract claim. (LAVIN and FITZGERALD SMITH, concurring.)