Two-year-old was killed while in the care of her mother and her broyfriend. Victim and her siblings were wards of court with DCFS acting as their guardian due to findings of abuse. During a visit, victim's mother informed caseworker from agency which DCFS retained to monitor visits that child had bruises on her stomach; caseworker took no action, and a few days later child was dead. Public Guardian sued agency, on behalf of victim's estate, for wrongful death. Agency's insurer denied coverage. Agency's third-party cause of action against insurance agency for obtaining wrong type of policy accrued when it learned its insurer was denying coverage, not when policy was procured. If inisured was not immediately aware of denial of coverage, "discovery rule" may delay commencement of statute of limitations period until insured learns of denial. (NEVILLE and PIERCE, concurring.)
Illinois Appellate Court
Civil Court
Insurance