Insurer didn’t show exclusion applicability

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted December 12, 2017 1:04 PM

The 1st District Appellate Court, reversing the trial court, recently held that an insurer, relying on an exclusion to additional insured coverage, failed to affirmatively establish applicability of the exclusion, and therefore owed a duty to defend the additional insured.The insurer in Hastings Mutual Insurance Co. v. Blinderman Construction Co., 2017 IL App (1st) 162234 (Oct. 24), was represented by Mulherin, Rehfeldt & Varchetto of Wheaton. Cremer, Spina, Shaughnessy, Jansen & Siegert represented the additional …

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