Appeals court gives expansive treatment to ‘insured’ as used in policy exclusion

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 7, 2023 11:10 AM

The 1st District Appellate Court recently held that the term “insured” in an auto exclusion for a commercial general liability policy should be given expansive treatment. As a result, even if an individual falls within a category of “insured” to which the exclusion would not apply, the exclusion may still be effective if that same individual also falls within a category to which the exclusion would apply. The case is Erie Insurance Exchange v. Aral Construction Corp., et al., 2022 IL App (1st) 210628 (Dec. 27). The …

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