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.

AMCO Insurance Co. v. Avcoa, Inc.

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

September 4, 2019

AMCO INSURANCE COMPANY, Plaintiff,
v.
AVCOA, INC. and JOSHUA MOYER, Defendants.

          MEMORANDUM OPINION AND ORDER

          RONALD A. GUZMÁN UNITED STATES DISTRICT JUDGE.

         Before the Court is plaintiff's motion for summary judgment, which is granted for the reasons explained below.

         BACKGROUND

         Plaintiff, AMCO Insurance Company (“AMCO”), filed this action in diversity seeking a declaratory judgment that it has no duty to defend or indemnify defendant Avcoa, Inc. (“Avcoa”) in connection with a putative class-action lawsuit by defendant Joshua Moyer that is pending in the Circuit Court of Cook County, Illinois (Moyer v. Avcoa, Inc., No. 2018-CH-14539). An entry of default has been entered against Avcoa. AMCO moves for summary judgment against both defendants, neither of whom responded to the motion.

         MATERIAL FACTS

         Because defendants did not file a response to plaintiff's Local Rule 56.1 statement of material facts, the facts set forth by plaintiff, which are supported by the record, are deemed admitted. See Cracco v. Vitran Express, Inc., 559 F.3d 625, 632 (7th Cir. 2009). AMCO issued to Avcoa commercial general liability policies for the February 1, 2013 to February 1, 2014 policy period and for the February 1, 2014 to February 1, 2015 policy period (collectively, the “CGL Policies”). The CGL Policies contain the following relevant provisions:

         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. However, we will have no duty to defend the insured against any “suit” seeking damages for “bodily injury” or “property damage” to which this insurance does not apply. . . .

         COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY

         1. Insuring Agreement

a. We will pay those sums that the insured becomes legally obligated to pay as damages because of “personal and advertising injury” to which this insurance applies. We will have the right and duty to defend the insured against any “suit” seeking those damages. However, we will have no duty to defend the insured against any “suit” seeking damages for “personal and advertising injury” to which this insurance does not apply. . . . . . .

         2. Exclusions

This insurance does not apply to: . . .

         h. Wrong Description of Prices

“Personal and advertising injury” arising out of the wrong description of the price of goods, products or services stated in your “advertisement”.

(ECF Nos. 1-1 & 1-2, CGL Policies at 1, 6.) The CGL Policies define the above-quoted terms as follows:

“Advertisement” means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the ...

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.