Hilco Trading, LLC v. Liberty Surplus Insurance Corp.

Illinois Appellate Court
Civil Court
Case Number: 
2014 IL App (1st) 123503
Decision Date: 
March 17, 2014
1st Dist.
Cook Co.,1st Div.
Affirmed in part and reversed in part; remanded with directions.
Insured trading company was sued by its lender for breach of contract, fraud, and negligent misrepresentation of asset-based loans; and was sued by another lender for defaulting on loan. Insured filed declaratory judgment action alleging that breach of duty to defend. Insured provided services only to a third party and not to Defendants in underlying suit. Allegations in underlying action triggered duty to defend, as defendants alleged that insured completed appraisals with full knowledge and intent that appraisals would be distributed to Plaintiffs, and provided their written consent for Plaintiff to use appraisals.(CONNORS and HOFFMAN, concurring.)