Westfield Insurance Co. v. West Van Buren, L.L.C.

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2016 IL App (1st) 140862
Decision Date: 
Wednesday, July 20, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
LAVIN

Court properly ruled in favor of insurance company in coverage dispute with additional insured (developer), to contended that insurance company had duty to defend it in underlying suit. Insurer had no duty to defend developer in condo association's underlying action. Policy requires accidental event to trigger coverage, yet nothing accidental is alleged in complaint. Allegations of complaint do not fall within definition of property damage under policy's plain language. Allegations that construction defects damaged something other than project itself do not constitute occurrence and property damage, but were meant to bolster contention that water infiltration occurred and caused damages. (MASON, concurring; PUCINSKI, dissenting.)