General Casualty Co. of Wisconsin v. Burke Engineering Corp.

Illinois Appellate Court
Civil Court
Duty to Defend
Citation
Case Number: 
2020 IL App (1st) 191648
Decision Date: 
Monday, September 14, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
HYMAN

Defendant corporation was sued for assisting Village to conceal the release of contaminated well water to its residents. Defendant tendered defense of the suits to its 2 insurers. Cases settled for $18.3 million. One insurer, General Casualty, denied coverage and sued for a declaration that it had no duty to defend or indemnify Defendant for its intentional conduct. Residents filed counterclaim alleging that insurer breached its contract by denying coverage and acted in bad faith. Court properly granted General Casualty's motion for summary judgment on its complaint and on the counterclaim. Residents' complaints failed to allege facts that trigger coverage and duty to defend. General Casualty was not required to indemnify Defendant for settlement and did not act in bad faith. (GRIFFIN, concurring; WALKER, dissenting.)