Grinnell Mutual Reinsurance Company v. Hubbs

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (3d) 110861
Decision Date: 
April 24, 2013
District: 
3d Dist.
Division/County: 
Henry Co.
Justice: 
HOLDRIDGE
Holding: 
Affirmed.
Policy exclusion is clear and unambiguous, excluding coverage for damages from divergence or obstruction or streams or surface water or property damage from interference with natural drainage to or from others' land. Court did not err in assigning some weight to testimony of two witnesses in ruling on insurer's summary judgment motion. Insurer may either seek a declaratory judgment or defend suit against its insured under reservation of rights. (WRIGHT and LYTTON, concurring.)