'Personal' property damage allegation triggers defense obligation

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 January 13, 2020 3:26 PM

Updated January 14, 2020 8:49 AM

The 1st District Appellate Court recently held that an underlying construction defect complaint alleging damage generally to “real and personal property” sufficiently alleged an “occurrence” and “property damage,” giving rise to a duty to defend, even though the claim of real property damage alone would not have been sufficient.The case is Certain Underwriters at Lloyd’s London v. Metropolitan Builders Inc., 2019 IL App (1st) 190517 (Dec. 18. 2019). The insured, Metropolitan, was …

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