Bridgeview Health Care Center, Ltd. v. State Farm Fire and Casualty Company

Illinois Supreme Court
Civil Court
Insurance
Citation
Case Number: 
2014 IL 116389
Decision Date: 
Thursday, May 22, 2014
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed; circuit court affirmed.
Justice: 
BURKE
Plaintiff, an Illinois company, complained of unsolicited faxes sent by Indiana hearing aid business, and filed declaratory judgment against that business' insurer for declaration that insurer had duty to defend and indemnify it under advertising injury and property damages provisions of policy. Federal district court "predicted" how Indiana courts would rule, though no Indiana state court has addressed whether sending such faxes falls within comprehensive liability policy. Federal court "prediction" is not state law, and cannot itself establish conflict between state laws. Insurer failed to meet its burden to demonstrate an actual conflict exists between Illinois and Indiana law. (GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER,and THEIS, concurring.)