American Zurich Insurance Company v. Wilcox and Christopoulos, L.L.C.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 120402
Decision Date: 
January 17, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Justice: 
FITZGERALD SMITH
Holding: 
Reversed.
(Court opinion corrected 1/24/13.) Insurer filed declaratory judgment action as to its duty to defend law firm and attorney sued for civil conspiracy to open and operate a restaurant/lounge by illegal means. Policy exclusion for conduct occurring when insured is acting for benefit of a business in which he has a controlling interest applies, so that insurer has no duty to defend law firm or attorney, who was listed as an attorney in firm on day policy was incepted. (LAVIN and EPSTEIN, concurring.)