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Admiral Indemnity Co. v. 899 Plymouth Court Condominium Association

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

January 24, 2017

ADMIRAL INDEMNITY COMPANY and CLERMONT SPECIALTY MANAGERS, Plaintiffs,
v.
899 PLYMOUTH COURT CONDOMINIUM ASSOCIATION D&K REAL ESTATE SERVICE CORP.; BURTON GILBERG; JAN GILBERG; BALA GHIMIRE; and ANNAPURNA, INC., Defendants.

          MEMORANDUM OPINION AND ORDER

          MATTHEW F. KENNELLY, District Judge:

         There are two pending lawsuits against defendants 899 Plymouth Court Condominium Association and D&K Real Estate Service Corporation (collectively, Plymouth), alleging that Plymouth is liable for water damage suffered by a commercial condominium unit in its building. Plymouth is being defended in both lawsuits by its liability insurer, plaintiffs Admiral Indemnity Company and its claim manager Clermont Specialty Managers (collectively, Admiral). Admiral agreed to defend Plymouth under a reservation of rights. After conducting an investigation, Admiral concluded that the insurance policy that it issued does not cover the claims asserted against Plymouth. Admiral filed this lawsuit seeking a declaratory judgment that it has no duty to defend or indemnify Plymouth as well as reimbursement for expenses that Admiral has paid defending Plymouth. Both sides have moved for summary judgment.

         Background

         Plymouth purchased a general commercial liability insurance policy from Admiral for periods covering November 1, 2010 through November 1, 2013. Plymouth's policy included coverage for "bodily injury and property damage liability" (Coverage A) and "personal and advertising injury liability" (Coverage B). Defs.' Ex. A-2 (Plymouth Policy), §§ A, B. Coverage A provides coverage for bodily injury and property damage only if the injury or damage is (1) caused by an "occurrence" (2) during the policy period. Id. § A, ¶ 1(b)(1)-(3). Coverage B provides that Admiral will cover any personal injury arising from "wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor." Id. § 5, ¶ 14(c). Relevant sections of the policy are quoted below:

SECTION I - COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages . . . .
* * *
b. This insurance applies to "bodily injury" and "property damage" only if:
(1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory";
(2) The "bodily injury" or "property damage" occurs during the policy period; and
(3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period.
* * *
d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily injury" or "property damage" to use or any other insurer;
(2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or
(3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur.
* * *
2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured . . ...

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