‘Other property’ damage claim triggers defense obligation for insured contractor

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 October 4, 2022 11:26 AM

The 1st District Appellate Court, reversing a trial court decision, recently held that allegations of defective work by a contractor gave rise to an insurer’s duty to defend the contractor, when the allegations stated that the defective work caused damage to “other property” but without identifying what “other property.” The case is Acuity v. M/I Homes of Chicago, LLC, 2022 IL App (1st) 220023 (Sept. 9). The insurer, Acuity, was represented by Lindsay, Pickett & Postel LLC of Chicago. Gould & Ratner LLP of Chicago …

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