West American Insurance Co. v. Yorkville National Bank 

Illinois Supreme Court
Civil Court
Insurance
Citation
Case Number: 
No. 108285
Decision Date: 
Thursday, September 23, 2010
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Appellate court reversed.
Justice: 
BURKE
Bank settled defamation suit for $1.75 million, but CGL insurer denied coverage on basis of untimely notice of suit by bank to insurer. Under the circumstances, bank's written notice of the suit to its insurer was within a reasonable time and did not violate notice provision in policy. Bank president mentioned suit in passing to insurance agent who had placed the policy for the bank, and suit was discussed during several bank board meetings when insurance agent, who was a member of bank's board, was present. These events placed insurer on notice that bank was a defendant in a suit that was potentially covered under the policy, as insurer had sufficient information to "locate and defend" the defamation suit. (FITZGERALD, THOMAS, KILBRIDE, GARMAN, and KARMEIER, concurring.)