Pekin Insurance Company v. Wilson

Illinois Supreme Court
Civil Court
Insurance
Citation
Case Number: 
No. 108799
Decision Date: 
Thursday, May 20, 2010
Holding: 
Appellate court affirmed.
Justice: 
KARMEIER
Underlying lawsuit was filed alleging assault, battery, and intentional infliction of emotional distress from two incidents occurring two years apart, where Defendant brandished steel pipe and what appeared to be end of pistol, and Plaintiff subdued and restrained him in response. Defendant tendered defense of suit to CGL insurers which had issued policies for the two time periods. Duty to defend insured is triggered by allegations of self-defense in the insured's counterclaim filed in response to underlying suit alleging the insured's intentional acts, where the policy contains exclusion for intentional acts and a self-defense exception to that exclusion.