(Court opinion corrected 1/18/18.) Defendant trucking company tendered defense of underlying claims in 2 environmental contamination suits, and settled suits for total $9 million. Insurer filed declaratory judgment action seeking a declaration of parties' rights as to existence, terms, and conditions of various missing insurance policies allegedly issued by insurer to Defendant in the 1960s and 1970s. Neither party could locate originals or copies of the disputed policies, and no witnesses had contemporaneous knowledge about those aspects of disputed policies. Defendant proved by a preponderance of the evidence the existence of CGL policies issued to it by insurer for policy periods of 1961-62, 1962-63, and 1963-64. Defendant presented sufficient evidence to show that material terms and conditions of CGL policies issued by insurer 1961-1965 CGL policy were more probably than not the same terms and conditions in 1961 and 1965 CGL policies. Defendant proved by a preponderance of the evidence that there are auto policies for 1961-1960 with the same material terms and conditions as a known auto policy for policy period of 1960-61. (HARRIS and MIKVA, concurring.)
Illinois Appellate Court
Civil Court
Insurance