Where insurer declined option to participate in insured’s defense, insured’s decision not to settle tort case was not a breach of contract.The 7th U.S. Circuit Court of Appeals affirmed a decision by Judge Sara L. Ellis, Northern District of Illinois.Menard, Inc. owns and operates a chain of home improvement stores across the Midwest. On Aug. 10, 2016, an employee of the store in Morton Grove, Illinois, hit a customer with a forklift. The customer brought a negligence suit against Menard and its employee in state court.The …