Use of ‘maintain’ in insurance policy gives rise to factual dispute

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 March 23, 2021 11:05 AM

The U.S. District Court for the Northern District of Illinois recently denied summary judgment to a property insurer because of a difference over the meaning of “maintain” in two provisions of the policy, and a resulting factual dispute regarding why a fire alarm system failed to notify city authorities of a fire. The case is Berkshire Hathaway Homestate Insurance Co. v. Chicago Metropolitan Hospital, LLC, 2021 U.S. Dist. Lexis 16800 (Jan. 29). The insurer, Berkshire, was represented by Cozen O’Connor of Chicago. McKnight …

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