Scott Seaman Puts a Recent Illinois Supreme Court Ruling on Construction Defect Coverage into Context for Law360
In The News | 1 min read
Dec 4, 2023
Scott Seaman was featured in Law360 Insurance Authority, commenting on an Illinois Supreme Court ruling on insurance coverage for construction defects.
The Illinois Supreme Court determined water damage to the interior of completed townhouse units, as alleged in the complaint by the homeowner's association if proven, constitutes a physical injury to tangible property and would satisfy the definition of "property damage."
As alleged, neither the cause of the harm (the defect) nor the harm (the resulting water damage to the walls of the interior of the units) was intended, anticipated, or expected. Thus, the "occurrence" requirement is satisfied for the duty to defend.
It is important to emphasize that the Illinois Supreme Court's decision addressed only the duty to defend, a broader duty than to indemnify. It is based upon the potential for coverage and requires reading the allegations of the complaint liberally in favor of the policyholder. The proofs may not support the allegations, so there may be no duty to indemnify.
Further, the Illinois Supreme Court did not conclude there was a duty to defend, only that the allegations were sufficient to establish the first step of the analysis that the claim potentially fell within the policy's coverage grant.
The court recognized that the duty to defend may be precluded by an exclusion such as business risk exclusions (j) and (l). Accordingly, the Illinois Supreme Court never reached a conclusion on the duty to defend. Instead, it remanded the case to the trial court to address whether the exclusions apply to preclude a duty to defend.
Read the full article (subscription required)
"Ill. Justices Say Defect Suit's Claims Fall Within CGL Policy" was published by Law360 Insurance Authority on November 30, 2023.
Related People
Related Capabilities
Related Locations
Featured Insights

In The News
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota

Event
July 13-15, 2026
Hinshaw Proudly Sponsors 2026 Lavender Law Conference and Career Fair

Webinar
Jul 14, 2026
Scott Seaman Presents on Horizontal vs. Vertical Exhaustion of Insurance

Healthcare Alert
Jul 8, 2026
A New Era of Compliance Standards for California DSOs and MSOs After the Aspen Dental Settlement

Insights for Insurers Alert
Jul 7, 2026
What Insurers Need to Know About California’s FAIR Plan Assessment Recoupment Guidance

In The News
Jul 6, 2026
Francesco Palanda’s Practical Guide for Mitigating AI-Related Business Interruption Risk

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers




