Illinois Court Finds No Breach in Insurance Company’s Decision Not to Defend

Last week, the Illinois Appellate Court affirmed the lower court’s ruling in Illinois Emcasco Insurance Company v. Nationwide Mutual Insurance that Emcasco did not breach its duty to defend a construction contractor against a personal injury suit. This appellate court panel did, however, reverse the lower court’s ruling that Nationwide Mutual Insurance Company breached its duty to settle this personal injury suit within its policy limits.

The underlying injury lawsuit stemmed from a 1998 construction accident filed against Triumph Development Corporation, the project’s general contractor, …

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