Illinois Appellate Court
Civil Court
Insurance
Plaintiff companies which marketed and sold high-caffeine malt beverage, "Four Loko", filed declaratory judgment action against their commercial liability insurer, seeking declaration of duty to defend them in lawsuits filed by persons injured by drivers who drove recklessly and behaved erratically after consuming these drinks. Court properly found that insurer had no duty to defend, as each suit alleged injury caused by intoxicated persons, and thus suits fell squarely within liquor liability policy exclusion.(GORDON and PALMER, concurring.)