Illinois Appellate Court
Civil Court
Duty to Defend
Court properly determined, on summary judgment, that home insurer had no duty to defend or indemnify homeowners in underlying suit filed by their neighbor, seeking to relocate a driveway easement that crosses over a portion of her property. Neighbor alleged that location and size of driveway easement contributed to poor storm water drainage on her property, which caused frequent and severe flooding of her home. Recurring flood damage alleged was a natural and ordinary consequence of Defendants' conduct in repeatedly refusing to allow neighbor to relocate driveway easement and was reasonably expected by Defendants, and thus was not the product of an accident, and thus not result of an "occurrence". (ROCHFORD and HOFFMAN, concurring.)