G.M. Sign, Inc. v. Pennswood Partners, Inc.

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2015 IL App (2d) 121276-B
Decision Date: 
Wednesday, May 13, 2015
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Reversed in part; judgment entered.
Justice: 
McLAREN
Recipient of unsolicited faxed ads, a company with principal place of business in Illinois, filed class action complaint against Pennsylvania corporation with its principal and only place of business in Pennsylvania. Defendant's insurers provided liability coverage for "property damage" caused by "occurrence", and policies define "occurrence" as an "accident." Complaint did not allege property damage accident under Pennsylvania law. Pennsylvania law governs interpretation of policies, under Illinois choice of law rules. Defendant company's insurer had no duty to defend and thus no duty to indemnify. (BURKE and SPENCE, concurring.)