Illinois Appellate Court
Civil Court
Insurance Coverage
In a declaratory judgment action, plaintiff appealed from a circuit court order granting summary judgment to the defendant which found that plaintiff was not entitled to additional insurance proceeds for incident-related losses and lost rental income stemming from a break-in that happened at plaintiff’s rental property that was insured by the defendant. Plaintiff argued on appeal that there was a genuine issue of material fact on the extent of actual damages plaintiff experienced as a result of the break-in, as well as reasonable repair costs, and whether defendant breached the terms of the insurance policy. The appellate court found no error and affirmed. (FITZGERALD SMITH and COBBS, concurring)