Plaintiff insurer filed declaratory judgment seeking declaration that it had no duty to defend an additional insured in connection with several lawsuit filed on behalf of minors, who were allegedly molested and/or abused by employee of school district and Boys & Girls Clubs which rented the district premises for after-school programs. Underlying complaints alleged willful and wanton hiring and retention and supervision against the district. Court properly found that insurer had a duty to defend the district under policy's physical abuse and sexual molestation liability endorsement, and that the district was not required to provide notice of an occurrence. In addition to alleging willful and wanton misconduct, allegations potentially also allege ordinary negligence.(HUTCHINSON and SCHOSTOK, concurring.)
Illinois Appellate Court
Civil Court
Duty to Defend