Court granted summary judgment for Plaintiff and against City, and found that Plaintiff had no obligation to defend or indemnify it against claims asserted in declaratory judgment action filed against city regarding enforcement of a local ordinance requiring persons whose vehicles had been towed and impounded as to certain criminal offenses to pay $500 administrative fee to City prior to obtaining release of vehicle. Under language used in coverage grants provided by Plaintiff to City, coverage is provided under the "loss of use" prong of the property damage provision as applied to part 1 only where damages sought related to impermanent nature of injury sustained. Plaintiffs in underlying complaint alleged a "loss of use" of their property. City is not entitled to coverage, as Plaintiffs have not alleged a "loss of use" as defined by "loss of use" prong of property damage provision.(HOLDER WHITE and DeARMOND, concurring.)
Illinois Appellate Court
Civil Court
Municipalities