Illinois Tool Works v. Commerce and Industry Insurance

Property owner sued Plaintiff, a successor tenant, and previous tenants, which manufactured electrostatic coating application equipment, for environmental contamination. Assignment of insurance benefits to successor tenant occurred afer loss, as the chose in action came into existence when contamination occurred, and chose in action was then established, as a conditional right to the insurance proceeds, and was assignable without consent of insurer. Underlying complaint sufficiently alleged that loss occurred during period of coverage and that conditions for assignment had occurred, so that insurer had duty to defend Plaintiff. (CUNNINGHAM and HARRIS, concurring.)