Beware of Boilerplate Claims for “Other Relief Deemed Appropriate” — They Could Trigger a Duty to Defend

Boilerplate demands for “all other relief deemed appropriate” are routine. However, they should not be overlooked when analyzing whether a complaint triggers an insurer’s duty to defend. In Country Mutual Insurance Company v. Bible Pork, Inc. (No. 08-MR-14), the Fifth District Court of Appeals in Illinois held that a nuisance suit against a livestock producer seeking injunctive relief triggered a duty to defend. The appellate court’s decision is significant because the court held that a complaint that appeared to seek only injunctive relief, also asserted …

Continue Reading