Kmart Corporation v. Footstar, Inc.

U.S. App. LEXIS 1775 (7th Cir. February 4, 2015)

Insurer’s Duty to Indemnify Limited to Insured’s Agreed Upon “Work” and Did Not Apply to Liability Arising from Actions of the Insured Outside Scope of “Work” and In Breach of the Agreement

In Kmart Corporation v. Footstar, Inc., Nos. 14-1242, 14-1356, 14-1359, 2015 U.S. App. LEXIS 1775 (7th Cir. Feb. 4, 2015), the Seventh Circuit reversed the district court’s finding that Footstar, Inc. (“Footstar”) and its insurer Liberty Mutual Fire Insurance (“Liberty Mutual”) had a …

Continue Reading