United States District Court, S.D. Illinois
R. HERNDON UNITED STATES DISTRICT JUDGE.
before the Court is plaintiff's motion for summary
judgment pursuant to Fed.R.Civ.P. 56(a) in a declaratory
action under 28 U.S.C. § 2201 (Doc. 23). Owners
Insurance Company (“Owners Ins.”) seeks judgment
in its favor, and a declaration stating that it has neither a
duty to defend nor indemnify insured James Warren
(“Warren”), d/b/a Warren Exterior and Remodeling,
in a lawsuit stemming from a construction contract entered
into with Michael Conrad and Michael's on Market of
Waterloo, IL, LLC. (collectively known as
“Michael's”) (Doc. 1). Warren opposes the
motion. (Doc. 28). Based on the following, the Court GRANTS
the motion for summary judgment.
February 2013, Owners Ins. issued an insurance policy to
Warren which provided commercial general liability
(“CGL”) coverage during the period of April 25,
2013 through April 25, 2014 (Doc. 1-1). As relevant, the
policy's Commercial General Liability Coverage Form
55300, Section I - Coverages, stated the
A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
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. We may at our discretion investigate any claim
or “occurrence” and settle any claim or
“suit” that may result.
No other obligation or liability to pay sums or perform
acts or services is covered unless explicitly provided for
under Supplementary Payments- Coverages A and
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”; (Doc.
1-1 at 25) (emphasis added). The relevant portions of Section
V - Definitions state:
4. “Bodily injury” means bodily injury, bodily
sickness or bodily disease sustained by a person, including
death resulting from any of these at any time.
14. “Occurrence” means an accident, including
continuous or repeated exposure to substantially the same
general harmful conditions.
18. “Property damage” means:
a. Physical injury to tangible property, including all
resulting loss of use of that property. All such loss of use
shall be deemed to occur at the time of the physical injury
that caused it;
b. Loss of use of tangible property that is not physically
injured. All such loss shall be deemed to occur at the time
of the ...