Illinois Appellate Court
Civil Court
Insurance Coverage
The State of Illinois filed a lawsuit against the defendant in connection with allegedly improper operation of a cooling water intake structure at a property owned by the defendant. Defendant’s insurers filed a declaratory judgment action seeking a declaration that they owned no duty to defend the defendant in connection with the underlying lawsuit, the circuit court found in favor of the insurers, and defendant appealed. The appellate court affirmed, concluding that the conduct alleged in the underlying complaint did not constitute an “occurrence” under the insurance policies. (McBRIDE and D.B. WALKER, concurring)