Illinois Appellate Court
Civil Court
Insurance Coverage
Plaintiff filed a declaratory judgment action seeking a declaration that it did not have a duty to defend an underlying personal injury case because the policyholder defendant, in that case, pleaded guilty to criminal charges. The trial court held that the insurance company had a duty to defend and the plaintiff appealed. The appellate court reversed, finding that the policyholder’s convictions for crimes arising from the same occurrence as the underlying complaint removed the allegations in the underlying complaint from the policy’s coverage and triggered the policy’s criminal acts exclusion. (ZENOFF, concurring and HARRIS, dissenting)