Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Towne Place Condominium Association v. Philadelphia Indemnity Insurance Co.

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

July 22, 2019

TOWNE PLACE CONDOMINIUM ASSOCIATION, Plaintiff,
v.
PHILADELPHIA INDEMNITY INSURANCE COMPANY, Defendant.

          MEMORANDUM OPINION AND ORDER

          Gary Feinerman, Judge.

         Towne 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.

         Background

         The 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).

         Towne 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 Property:
(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.

         Sometime 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.