Matter arising from an insurance coverage dispute. The plaintiff appealed from the circuit court order granting summary judgment in favor of the defendant insurance company and finding no duty to defend or indemnify. The Circuit court also barred a witness offered by plaintiff from testifying as an expert regarding insurance policy interpretation. The appellate court affirmed, finding that the underlying complaint did not allege “property damage” as it was defined by the policy. The appellate court further held that the trial court did not err in barring the expert witness testimony because the interpretation of an insurance policy is a question of law and, absent ambiguity, expert testimony is not appropriate. (BOIE and VAUGHAN, concurring)
Illinois Appellate Court
Civil Court
Insurance Coverage