(Court opinion corrected 3/14/18.) Dispute over insurance coverage, after a woman was killed and a man was injured in a shooting in parking lot outside Dominick's on northwest side of Chicago. Dominick's was sued by decedent's estate and tendered its defense for 2 other insurers, and later sought indemnification. Those 2 insurers denied coverage, and Dominick's filed suit for declaration of coverage and damages for insurers' alleged bad-faith conduct. Netherlands Insurance (CGL insurer of shopping plaza where Dominick's was located) owed Dominick's a duty to defend and indemnify under relevant language of policy. Court properly granted summary judgment in favor of Netherlands on bad faith claims, as their position was not unreasonable, and a bona fide dispute over coverage existed. Complaint alleged that Dominick's failed to keep its premises safe for its patrons and invitees. Case law does not require a defect in the premises before a suit can be interpreted as alleging liability arising out of the premises.(BURKE and McBRIDE, concurring.)
Illinois Appellate Court
Civil Court
Insurance