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Essex Insurance Co. v. Galilee Medical Center SC

United States District Court, N.D. Illinois, Eastern Division

October 23, 2013

ESSEX INSURANCE COMPANY, Plaintiff,
v.
GALILEE MEDICAL CENTER SC, d/b/a MRI Lincoln Imaging Center, and LUIS ANGARITA, M.D., Defendants

Page 867

For Essex Insurance Company, Plaintiff: Amy Julia Collins, Catherine M. Crisham, LEAD ATTORNEYS, Bridget M. Curry, Paula M. Carstensen, Bates Carey Nicolaides LLP, Chicago, IL.

For Galilee Medical Center SC, doing business as MRI Lincoln Imaging Center, Defendant: Norman P. Jeddeloh, LEAD ATTORNEY, Edmond Jason Tremblay, Arnstein & Lehr, LLP, Chicago, IL.

For Luis Angarita, M.D., Defendant: James John Stamos, LEAD ATTORNEY, Stamos & Trucco LLP, Chicago, IL; Benjamin F. Klimek, Daniel Richard Shaffer, Stamos & Trucco, Chicago, IL.

For Galilee Medical Center SC, Counter Claimant: Norman P. Jeddeloh, LEAD ATTORNEY, Edmond Jason Tremblay, Arnstein & Lehr, LLP, Chicago, IL.

For Essex Insurance Company, Counter Defendant: Catherine M. Crisham, LEAD ATTORNEY, Bridget M. Curry, Paula M. Carstensen, Bates Carey Nicolaides LLP, Chicago, IL.

OPINION

Page 868

JOHN W. DARRAH, United States District Court Judge.

MEMORANDUM OPINION AND ORDER

Plaintiff Essex Insurance Company (" Essex" ) has brought this action against Defendants, Galilee Medical Center SC, d/b/a MRI Lincoln Imaging Center (" Galilee" ), and Luis Angarita, M.D. (" Angarita" ) (collectively, " Defendants" ). Essex has moved for summary judgment, seeking a declaration that it is entitled to a rescission of an insurance policy that was issued to Galilee due to material misrepresentations made by Defendants in their applications for the policy, or in the alternative, that it has no duty to defend or indemnify Defendants with respect to an underlying state court lawsuit. [1] Defendants have also filed motions for judgment on the pleadings, requesting a determination that Essex has a duty to defend them. For the reasons set out below, Essex's Motion is granted, and Defendants' Motions are denied.

BACKGROUND[2]

Essex is an insurance company, organized in Delaware and with a principal place of business in Glen Allen, Virginia. Galilee, a medical center, is an Illinois corporation with a principal place of business

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in Chicago, Illinois. Angarita, a doctor, is a citizen of Illinois. (Plaintiff's Rule 56.1 Statement of Uncontested Material Facts (" SOF" ) ¶ ¶ 1-3.) This Court has jurisdiction pursuant to 28 U.S.C. § 1332, and venue is proper pursuant to 28 U.S.C. § 1391(a). This dispute centers on whether Essex must defend or indemnify Angarita or Galilee, pursuant to a professional liability insurance policy, with respect to a lawsuit currently pending in the Circuit ...


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