West Bend Mutual Insurance Co. v. People 

Illinois Appellate Court
Civil Court
Insurance
Declaratory Actions
Citation
Case Number: 
Nos. 1-08-1693, 1-08-3055, 1-08-3057 & 1
Decision Date: 
Thursday, May 27, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
NEVILLE
Insurer sold CGL policies with separate endorsements at additional premium to cover liability for home repair and remodeling Four underlying complaints, including one filed by Illinois Attorney General, alleged fraud, misrepresentation, deception, and abuse. Complaints failed to allege "occurrence" or property damage within purview of policies, and exclusions for expected or intended injury preclude coverage. Thus insuring agreement in endorsement is inapplicable; and no evidentiary materials such as affidavits were filed that create issues of material fact that would affect insurer's right to judgments on its complaints. Thus, court properly entered summary judgment in favor of insurer on all complaints.