Philadelphia Indemnity Ins. Co. v. Chicago Trust Co.

Federal 7th Circuit Court
Civil Court
Insurance
Citation
Case Number: 
Nos. 18-3181 & 18-3241 Cons.
Decision Date: 
July 19, 2019
Federal District: 
N.D. Ill., E. Div.
Holding: 
N.D. Ill., E. Div.

 

Dist. Ct. did not err in entering judgment in plaintiff-insurance company’s favor in action seeking declaration that its primary and excess policies provided only $1,250,000 in coverage in underlying wrongful death action against defendant-insured that resulted in $4 million settlement on allegations that insured placed 3-year-old foster child with individual who killed said child one year later. While both parties agreed that primary policy provided $1 million in coverage, defendant argued that excess policy provided additional $5 million in coverage. However, Dist. Ct. could  properly find that policy contained sublimit of $250,000 for physical abuse claims, and that said sublimit applied to underlying wrongful death action. Ct. rejected contention that sublimit in excess policy applied only to primary policy’s limit.