LM Insurance Corporation v. City of Sycamore

Illinois Appellate Court
Civil Court
Insurance Coverage
Citation
Case Number: 
2023 IL App (2d) 220234
Decision Date: 
Thursday, June 8, 2023
District: 
2d Dist.
Division/County: 
De Kalb Co.
Holding: 
Reversed and remanded.
Justice: 
SCHOSTOK

Appeal involving an insurance coverage dispute arising out of claims that the defendant had failed to properly maintain city water mains in a manner that resulted in unsafe drinking water. The plaintiff, insurance company, filed a declaratory judgment action and the circuit court granted judgment on the pleadings to the plaintiff. Defendant appealed. The appellate court reversed and remanded, finding that the trial court improperly concluded that a lead pollution provision in the insurance policy excluded coverage because the complaint also alleged damages related to iron, lead, and bacterial pollution. (JORGENSEN and KENNEDY, concurring)