Illinois Supreme Court Declines Review of Lipe Lyons Appellate Victory
August 20, 2013In the March 2013 Legal Brief, we reported an important appellate victory on behalf of United National Insurance Company. In the case of Village of Crestwood v. Ironshore Specialty Insurance Company, et. al. the Illinois Appellate Court, First District affirmed summary judgment for three insurer-defendants in a declaratory judgment suit in which the trial court ruled that the insurers had no duty to defend over 30 individual and class actions alleging personal injuries due to contamination of a village water supply. Application of the “Absolute Pollution Exclusion” in the policies was approved by the court on appeal. The Plaintiffs-Appellants petitioned the Illinois Supreme court for leave to appeal from the adverse ruling and the petition was denied on May 29, 2013. Therefore, the First District’s opinion at 2013 IL. App. 1st120112, 986 N.E. 2d 628 remains as good law and the latest word from the Illinois courts on the Absolute Pollution Exclusion.