Maryland Casualty Company v. Dough Management Company

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2015 IL App (1st) 141520
Decision Date: 
Tuesday, June 30, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
LIU
Insurer filed declaratory judgment action, seeking declaration that it had no duty to indemnify its insureds in personal injury suit arising from accident on yacht that insureds maintained and used. Injured party was sitting on bench on top deck of yacht, bench tipped backwards, and he fell onto bottom deck, resulting in permanent paralysis; he alleged negligent failure to provide railing on top deck. As underlying complaint alleged only claims directly related to maintenance of yacht, CGL policy's watercraft exclusion applies, and insurer has no duty to indemnify insureds. (NEVILLE and PIERCE, concurring.)