(Modified upon denial of rehearing 1/28/16.) After evening out with friends, 21-year-old died of methadone intoxication in bedroom of one Defendant, who lived at his parents’ home. Father of decedent filed wrongful death suit against Defendant and his parents. Underlying complaint contains allegations within, or potentially within, the coverage of both homeowners’ and umbrella policies. Thus, insurer has duty to defend. Complaint alleges that Defendant son failed to request emergency medical assistance for decedent within a reasonable period of time; and discovering she ingested methadone or other illegal substances in the Defendants’ home; and that Defendant son refused to allow decedent’s 2 friends to check on her or render aid to her. Presence of genuine issue of material fact precludes summary judgment. Question of negligence can be resolved only after a full hearing on facts and circumstances. (NEVILLE and SIMON, concurring.)
Illinois Appellate Court
Civil Court
Duty to Defend