G.M. Sign, Inc. v. Pennswood Partners, Inc.

Illinois Appellate Court
Civil Court
Case Number: 
2014 IL App (2d) 121276
Decision Date: 
March 24, 2014
2d Dist.
Lake Co.
Reversed in part and affirmed in part; judment entered.
Plaintiff filed class action complaint against Defendant for sending it unsolicited faxes. Insurers filed declaratory judgment coverage action. Conflict of laws exists between Illinois and Pennsylvania as to whether insurer owed a duty to defend under "property damage" provision of policies. Factors under choice-of-law analysis weigh in favor of Pennsylvania as state to govern interpretation of policies. Under Pennsylvania law, complaint did not allege an "accident" and insurer had no duty to defendant under property damage provisions, and no duty to indemnify.(BURKE and SPENCE, concurring.)