Illinois Tool Works Inc. v. Travelers Casualty and Surety Company

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2015 IL App (1st) 132350
Decision Date: 
Tuesday, January 13, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
SIMON
Defendants, the former insurers of Plaintiffs, which issued 10 policies to Plaintiffs, have a duty to defend Plaintiffs in multiple toxic tort cases brought by persons claiming injury from exposure to harmful materials while doing welding and other activities, and should bear entire cost. Duty to defend, known as litigation insurance, insures against being wrongly sued. Insurers must provide a defense for all cases where bare underlying allegations, if proved, would render insured individually liable. Duty to defend is joint and several. If insured is alleged to be liable solely as a successor, there is no duty to defend. (NEVILLE and PIERCE, concurring.)