Acuity v. M/I Homes of Chicago, LLC

In an insurance coverage matter, the circuit court found that the insurer did not have a duty to defend the insured in an underlying lawsuit stemming from damages caused by the allegedly defective construction work of a subcontractor because that case did not allege “property damage caused by an occurrence.” The appellate court reversed and remanded to the trial court to enter summary judgment for the insured by finding that the underlying complaint’s reference to “other property” was sufficiently broad to potentially encompass property covered by the provisions of the policy. (ODEN JOHNSON and MITCHELL, concurring)