Publications

Sanders v. Illinois Union Insurance Co.

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2019 IL App (1st) 180158
Decision Date: 
Saturday, January 19, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Reversed and remanded.
Justice: 
PUCINSKI

Court erred in dismissing with prejudice Plaintiffs' 2nd amended complaint, in concluding that insurance policies issued by Defendants did not provide coverage for Plaintiff's underlying claim of malicious prosecution against City. Language of policies, when read in context, is plain in providing that coverage is triggered by the "offense" of malicious prosecution "happening" within the policy period and the offense of malicious prosecution only happens once all elements of the tort are met. Coverage trigger was Plaintiff's exoneration in 2014, which was within effective policy periods. (HYMAN, concurring; MASON, dissenting.)