West American Co. v. Midwest Open MRI, Inc.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 121034
Decision Date: 
April 16, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Justice: 
CONNORS
Holding: 
Affirmed.
Court properly help that insurer owed its insured no duty to defend or indemnify in suit filed against insured by a competitor, alleging violations of Consumer Fraud Act. Complaint did not allege accidental conduct or consequences and thus did not allege an "occurrence" as defined by policy, and policy excluded coverage for acts done intentionally by or at direction of insured. Where insurer has no duty to defend because no coverage or potential for coverage under the policy, estoppel doctrine does not apply. (HARRIS and QUINN, concurring.)