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Broad Duty to Defend in IL
A recent ruling from an Illinois intermediate appellate court confirms that an insurer's duty to defend under Illinois law is broad, extending even to cases where it is clear from the record that a policyholder is unlikely to be found liable in the underlying lawsuit. Illinois Tool Works Inc. v. Travelers Cas. & Sur. Co., 26 N.E.3d 421 (Ill. App. Ct. 2015). In a unanimous panel decision, the Appellate Court of Illinois, First District, affirmed a trial court's ruling that insurers had a duty to defend a policyholder against thousands of lawsuits alleging injury from welding products that contained asbestos, benzene, and other chemicals. The appeals court held that the duty to defend attached even though there were no specific allegations in the underlying complaint that the policyholder caused injuries to underlying plaintiffs during any period covered by the policies at issue.
Background
Policyholder Illinois Tool Works (“Illinois Tool”) is an equipment manufacturer that was sued along with dozens of other companies for bodily injuries allegedly caused by toxic substances used in welding products. Illinois Tool was named in three ways in the underlying lawsuits: individually, as a successor in interest to companies it later acquired, and both individually and as a successor. Illinois Tool sought coverage under CGL policies issued between 1971 and 1987 by three of its insurers, Travelers Casualty & Surety Company, Travelers Indemnity Company, and Century Indemnity Company (the “insurers”). All of the welding lawsuits alleged exposure during and/or before the insurers' policy periods or alleged no exposure dates at all.
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