Evidence of damage to claimant’s property wrongfully excluded

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 February 9, 2021 11:27 AM

The 7th U.S. Circuit Court of Appeals, reversing a grant of judgment on the pleadings for an insurer, recently held that an insured was entitled to demonstrate that the underlying plaintiff was seeking to recover for property damage arising from an occurrence, and not just damage to the insured’s defective product.The case is Federated Mutual Insurance Co. v. Coyle Mechanical Supply Inc., 983 F.3d 307 (7th Cir., Dec. 22, 2020). The insurer, Federated, was represented by Lewis Brisbois Bisgaard & Smith LLP of Chicago …

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