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

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (1st) 121920
Decision Date: 
Wednesday, June 19, 2013
1st Dist.
Cook Co., 3d Div.
Reversed and remanded.
Plaintiff filed suit against owner of hearing aid business, based in Indiana, for sending unsolicited faxes to its business offices in Chicago. Plaintiff then filed declaratory judgment action against Defendant's insurer, seeking declaration that insurer had a duty to defend him in underlying suit. There is no controlling authority from Indiana state courts on issue of whether insurer providing coverage for accidental property damage and advertising injury must defend insured in suit for unsolicited faxes. Thus, given the potential for conflict between Indiana and Illinois law, court must engage in a choice-of-law analysis, to determine which state has most significant contacts with the dispute, and for application of that state's law to the dispute. (STERBA and HYMAN, concurring.)