United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
Place Condominium Association sued its insurance carrier,
Philadelphia Indemnity Insurance Company, claiming breach of
contract and violation of Section 155 of the Illinois
Insurance Code, 215 ILCS 5/155. Doc. 1-1 at 3-6. Trial has
been set for September 2019. Doc. 96. Philadelphia Indemnity
moves for summary judgment, Doc. 87, and each side moves
under Evidence Rule 702 to bar the other side's expert
opinions, Docs. 83, 85, 91-92. Philadelphia Indemnity's
summary judgment motion is granted, and the motions to bar
are denied as moot.
following facts are set forth as favorably to Towne Place,
the nonmovant, as the record and Local Rule 56.1 permit.
See Johnson v. Advocate Health & Hosps. Corp.,
892 F.3d 887, 893 (7th Cir. 2018). On summary judgment, the
court must assume the truth of those facts, but does not
vouch for them. See Donley v. Stryker Sales Corp.,
906 F.3d 635, 636 (7th Cir. 2018).
Place is a condominium association that manages eighty-nine
buildings in Schaumburg, Illinois. Doc. 105 at ¶ 1; Doc.
110 at ¶ 14. Philadelphia Indemnity insured the
buildings from August 1, 2013 to August 1, 2014. Doc. 105 at
¶ 5. Section E(3)(a) of Towne Place's insurance
policy for that policy period includes this notice provision:
E. Loss Conditions
The following conditions apply …:
(3) Duties in the Event of Loss
(a) You [Towne Place] must see that the following are done in
the event of “loss” to Covered
(2) Give us [Philadelphia Indemnity] prompt notice of the
“loss.” Include a description of
the property involved.
(3) As soon as possible, give us a description of how, when
and where the “loss” occurred.
Doc. 110 at ¶ 12; Doc. 105-6 at 119-120.
in 2014, roofing contractor Barry Roofing inspected Towne
Place's buildings and identified what it believed to be
hail damage. Doc. 105 at ¶ 30. Barry Roofing and Towne
Place entered into an agreement under which Towne Place would
make an insurance claim for the damage, Barry Roofing would
help investigate and repair the damage, and Towne Place would
pay Barry Roofing out of any insurance proceeds. Id.
at ¶¶ 29, 31-32; Doc. 88-24. On July 24, 2014, a
Towne Place representative made a claim on the policy in this
email to Philadelphia Indemnity:
I am officially reporting a claim for possible hail damage to
the roofs and siding (possible gutters too). The loss date is
April 12, 2014. After the storm someone offered to check and
found damage. We don't ...