Indiana Insurance Company v. Royce Realty and Management, Inc.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 121184
Decision Date: 
May 30, 2013
District: 
2d Dist.
Division/County: 
Lake Co.
Justice: 
SCHOSTOK
Holding: 
Affirmed.
Declaratory action filed by insurer of realty and management company as to insurance coverage for severe injuries sustained by Plaintiff when a tree fell on her as she was walking on a golf course manged by realty and management company. Court construed policy Endorsement as encompassing accidents arising out of realty/management company's use of premises to conduct its property management activities, even though accident arose away from those premises. Insurer knew that company was in business of providing property management services to various properties, including golf courses, and the type of accident here was a risk likely to be inherent in that business. As language of Endorsement was ambiguous, court correctly resolved ambiguity in favor of coverage. (HUDSON and BIRKETT, concurring.)