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Esp Kreuzer
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Filed: April 24, 2024 | Entered: April 24, 2024 Westfield Premier Insurance Company v. Kandu Construction, Inc. et al
110(Contract: Insurance) | Illinois Northern
Minute
MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 5/1/24 is re-set to 7/11/24 at 9:00 a.m. Joint status report shall be filed by 7/2/24. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (maf) (Entered: 04/24/2024)
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Filed: April 22, 2024 | Entered: April 22, 2024 Westfield Premier Insurance Company v. Kandu Construction, Inc. et al
110(Contract: Insurance) | Illinois Northern
Status
STATUS Report Fourth Joint by Westfield Premier Insurance Company
(Barger, Jeffrey) (Entered: 04/22/2024) -
Order | Filed: April 19, 2024 | Entered: April 19, 2024 Old Guard Insurance Company v. Riverway Property Management, LLC et al
Insurance | Illinois Central
Order
TEXT ORDER entered by Chief Judge Sara Darrow on April 19, 2024. Plaintiff has filed a 34 Motion for Default Judgment Against Defendants Riverway Property Management, LLC and Aaron Rossi ("Motion for Default Judgment"). In part, Plaintiff requests that the Court enter a default declaratory judgment stating that Plaintiff owes no duty to defend or indemnify Riverway Property Management LLC, Aaron Rossi, and Mark Rossi in a state-court suit filed in Tazewell County by Davie and Associates Dermatopathology, P.A. ("DAAD"). See 23 Second Am. Compl. 3-4, 23-24. "To determine whether an insurer's duty to defend has been triggered, a court must compare the allegations in the underlying complaint with the language of the insurance policy." Lagestee-Mulder, Inc. v. Consol. Ins. Co., 682 F.3d 1054, 1056 (7th Cir. 2012) (citing Gen. Agents Ins. Co. of Am., Inc. v. Midwest Sporting Goods Co., 828 N.E.2d 1092, 1098 (Ill. 2005)). While Plaintiff has provided the Court with copies of DAAD's original and first amended complaints, see [1-2]; [1-3], Plaintiff alleges that DAAD has subsequently filed second and third amended complaints, which are sealed pursuant to the state court's protective order. See 23 Second Am. Compl. 6-7; [1-4] Stipulated Protective Order Against Unauthorized Use or Disclosure of Confidential Information para. 7 (requiring that pleadings which "discuss[] the contents of or incorporate[] any confidential material... be filed under seal"). Plaintiff is DIRECTED to, by May 17, 2024: (1) file a supplemental memorandum of law addressing how the Court may enter a default declaratory judgment finding that Plaintiff owes no duty to defend without reviewing the operative complaint in the underlying state-court litigation; (2) with the state court's permission, file under seal a copy of the operative complaint in the underlying state-court litigation; (3) file a status report apprising the Court of Plaintiff's efforts to enable the Court to review the operative complaint in the underlying state-court litigation, or (4) withdraw both the 34 Motion for Default Judgment and the 36 Motion for Default Judgment Against Defendants DAAD. (KJC)
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