(Court opinion corrected 6/5/18.) Former employee sued employer for injuries suffered due to long-term exposure to asbestos. Insurance policies which Plaintiff insurer issued to employer for 1977 to 1985 imposed on employer a duty to notify plaintiff insurer of every occurrence, regardless of whether potential liability exceeded employer's self-insured retention (SIR), and policies established insurer's duty to defend claims that appeared likely to exceed the SIR. Contemporary documents show that insurer and empoyer understood that policies at issue provided primary insurance subject to a SIR. Court properly granted employer's motion for summary judgment and declared that insurer's policies provided primary coverage. (PUCINSKI and MASON, concurring.)
Illinois Appellate Court
Civil Court
Insurance