DeMeester’s Flower Shop & Greenhouse, Inc. v. Florists’ Mutual Insurance Co.

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2017 IL App (2d) 161001
Decision Date: 
Thursday, October 26, 2017
District: 
2d Dist.
Division/County: 
Stephenson Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Insurance-coverage action, wherein insured company sought declaration that its insurer had duty to indemnify it for amounts it spent to replace 26 customers' lawns that were damaged due to the negligence of its employee, who mixed Roundup instead of a selective broadleaf herbicide in a lawn sprayer. Court properly found that property-damage exclusions in policy applied and granted insurer's section 2-615 motion to dismiss. Policy exclusions are not contrary to Pesticide Act, which is intended to protect persons who suffer personal injury or property damage as result of pesticide application. Plaintiff did not suffer property damage, but instead it caused property damage. (McLAREN and BURKE, concurring.)