Moda Furniture, LLC v. Chicago Title Land Trust Company

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2015 IL App (1st) 140501
Decision Date: 
Monday, June 29, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
CUNNINGHAM
Appeal from certified question as to interpretation of insurance policy issued by insurer to business that sells rugs and carpets from inventory stored at a leased facility. Landlord hired roof company to replace the roof, and did not notify insured of roof work. During roof removal, carpets were not protected, and carpets were damaged and destroyed from falling debris. Insured company alleged a "Covered Cause of Loss" and a "resulting loss" from that "Covered Cause of Loss", which warrants coverage under exception to policy's faulty workmanship exclusion. Damage to inventory can be seen as a "Covered Cause of Loff", and exception to exclusion applies because roofer's faulty workmanship caused physical damage to inventory, which led to insured's economic injury. Dirt and debris that fell onto inventory can also be viewed as "Covered Cause of Loss", where roofer's faulty workmanship caused falling dirt and roof debris within the premises resulting in damage to inventory.(DELORT and CONNORS, concurring.)