Pekin Insurance Co. v. McKeown Classic Homes, Inc.

Illinois Appellate Court
Civil Court
Duty to Defend
Citation
Case Number: 
2020 IL App (2d) 190631
Decision Date: 
Wednesday, July 29, 2020
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
HUTCHINSON

Plaintiffs filed complaint for breach of contract and conversion stemming from Defendant's construction work on Plaintiffs' property. Plaintiffs alleged that Defendant took hundreds of planks of knotty pine wood and other items belonging to Plaintiffs without their consent. Based on clear and unambiguous allegations of intentional conduct by Defendant in underlying claim for conversion, no accident or "occurrence" as defined by policy triggered insurer's duty to defend. Underlying complaint is clearly predicated on an intentional act, and insurer is under no duty to defend an insured when nature of conduct alleged shoed that insured expected or intended to injure the plaintiff. (BIRKETT and SCHOSTOK, concurring.)