United Conveyor Corp. v. Allstate Insurance Co.

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2017 IL App (1st) 162314
Decision Date: 
Tuesday, December 5, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
MASON

In insurance declaratory judgment action, court properly entered summary judgment for insurers, finding that insured company's asbestos related losses resulted from single occurrence of continuous manufacturing and selling ash-handling conveyor systems containing asbestos parts. Because Plaintiff's asbestos losses resulted from a continuous and systematic process, insurer's lower per-occurrence limit (and not higher aggregate limit) applies. Court did not abuse its discretion in denying Plaintiff's motion for leave to amend, as its motion was not timely filed and Plaintiff had prior opportunities to amend before court entered summary judgment. (PUCINSKI and HYMAN, concurring.)