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Broad Duty to Defend in IL

By Donald R. McMinn and John M. McNulty

A recent ruling from an Illinois intermediate appellate court confirms that an insurer's duty to defend under Illinois law is broad, extending even to cases where it is clear from the record that a policyholder is unlikely to be found liable in the underlying lawsuit. Illinois Tool Works Inc. v. Travelers Cas. & Sur. Co., 26 N.E.3d 421 (Ill. App. Ct. 2015). In a unanimous panel decision, the Appellate Court of Illinois, First District, affirmed a trial court's ruling that insurers had a duty to defend a policyholder against thousands of lawsuits alleging injury from welding products that contained asbestos, benzene, and other chemicals. The appeals court held that the duty to defend attached even though there were no specific allegations in the underlying complaint that the policyholder caused injuries to underlying plaintiffs during any period covered by the policies at issue.

Background

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