Illinois Appellate Court / Civil
Insurance Coverage
| 4th DIst.
Allied Design Consultants, Inc. v. Pekin Insurance Co., 2024 IL App (4th) 230738
(June 18, 2024)
Sangamon Co.
(TURNER)
Affirmed.
Plaintiff filed a complaint for declaratory relief seeking an order that the defendant, an insurance company, had a duty to defend and indemnify the plaintiff to the extent plaintiff was found liable in an underlying matter involving a carbon monoxide leak at a middle school. The trial court dismissed one count of plaintiff’s six-count complaint and entered summary judgment in favor of the defendant on the remaining counts. Plaintiff appealed and argued that the trial court erred by failing to determine whether each act alleged in the underlying lawsuit fell outside of the applicable policy’s professional services exclusion and when the trial court found that the underlying lawsuit arose solely out of the plaintiff’s activity of conducting and preparing a health/life safety survey. The appellate court affirmed, finding that the plaintiff failed to demonstrate that the trial court erred in finding the allegations of the underlying lawsuits fell under the professional services exclusion of the insurance policies. (STEIGMANN and KNECHT, concurring)
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Illinois Appellate Court / Civil
Mechanic's Lien
| 1st Dist.
Portage Park Capital, LLC v. A.L.L. Masonry Construction Co., Inc., 2024 IL App (1st) 240344
(June 14, 2024)
5th Div./Cook Co.
(MITCHELL)
Affirmed.
Plaintiff appealed from a trial court order compelling arbitration for all of the issues raised in plaintiff’s complaint and dismissing the case. The issue on appeal was whether the circuit court erred by determining that the validity of a mechanic’s lien was subject to arbitration. The appellate court affirmed, finding that because the lien claim was based on a contract dispute between the parties it was essentially the same cause of action as the contract dispute. (LYLE and NAVARRO, concurring)
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Illinois Appellate Court / Civil
Attorneys Fees
| 1st Dist.
Pepper Construction Company v. Palmolive Tower Condominiums, LLC, 2024 IL App (1st) 221319
(March 22, 2024)
6th Div./Cook Co.
(ODEN JOHNSON)
Affirmed.
Appeal from a complicated case involving a dispute relating to a construction project with multiple prior opinions and orders. At issue in the current appeal was the issue of attorneys fees. Plaintiff argued on appeal that one of the defendants was not a prevailing party and, as a result, was not entitled to attorneys fees that were awarded to the defendant. Defendant argued on appeal that the amount of the attorneys fees awarded were insufficient. The appellate court affirmed, finding that the trial court did not abuse its discretion in awarding attorneys fees or determining the amount awarded. (HYMAN and TAILOR, concurring)
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