Lorenzo v. Capitol Indemnity Corporation 

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
No. 1-09-1862
Decision Date: 
Friday, May 21, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed.
Justice: 
FITZGERALD SMITH
Insurer refused to defend restaurant group owner for customer's suit against Oak Brook restaurant for food poisoning. CGL policy extended to 15 of owner's restaurants listed in the policy's schedule, but not the Oak Brook location. Allegations of complaint, compared with policy provisions, did not trigger insurer's duty to defend or indemnify. Location of injury determined whether insurer had duty to defend, and complaint unambiguously identified Oak Brook restaurant as location where Plaintiff sustained her injury, and that restaurant did not appear in policy at time of incident and was thus excluded from face of policy.