Past-conduct rule blocked declaratory judgment for insurance company

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 26, 2022 1:48 PM

Travelers Indemnity Co. asked for declaratory judgment blessing its decision to reject a condominium association’s demand for the appraisal procedure provided under an insurance policy. But the Illinois Appellate Court concluded that Travelers — having already denied the association’s request for appraisal of alleged property damage it pegged at $2 million — wasn’t entitled to an adjudication of “nonliability for past conduct.” “A declaratory judgment action is not the proper vehicle to review past conduct.” Travelers …

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