Illinois Tools Works, Inc. v. Ace Specialty Insurance Co.

Plaintiff manufacturer filed declaratory judgment action seeking declaration that insurers had a duty to defend it from claims as to environmental contamination. Court properly granted partial summary judgment for insurers. Plaintiff claimed that insurers had duty to defend it in mediation of  claims as to site designated by EPA address additional releases of hazardous substances. Policies provide duty to defend only when there is a “suit,” and this mediation is neither a “suit” nor a continuation of an existing lawsuit; Plaintiff agreed to mediation of claims in hopes of avoiding a suit. (DELORT and HARRIS, concurring.)