Erie Insurance Exchange v. Imperial Marble Corporation

State: Illinois

Court: 3rd District Appellate

Docket No: 3-10-0380 Official Reports

Case Date: 09/15/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Erie Insurance Exchange v. Imperial Marble Corp., 2011 IL App (3d) 100380

Appellate Court Caption

ERIE INSURANCE EXCHANGE, Plaintiff-Appellee, v. IMPERIAL MARBLE CORPORATION, Defendant-Appellant and Third-Party Plaintiff (Somonauk Insurance Agency, Inc., Third-Party Defendant).

District & No.

Third District Docket No. 3-10-0380 September 15, 2011 Plaintiff insurer had a duty to defend its insured on the claims asserted in an underlying class action for personal injury and property damage purportedly caused by the emissions from the insured's manufacturing operations involving the use of styrene and methyl methacrylate, since the emissions were authorized under a permit issued by the Illinois Environmental Protection Agency and it was unclear whether the permitted emissions constituted traditional environmental pollution that was excluded under the policy plaintiff issued.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of La Salle County, No. 07-CH-796; the Hon. James A. Lanuti, Judge, presiding.

Judgment

Reversed and remanded.

Counsel on Appeal

Brent W. Vincent (argued) and Donald A. Cole, both of Bryan Cave LLP, of Chicago, for appellant. Bruce M. Lichtcsien (argued), of Hinkhouse, Williams & Walsh, of Chicago, for appellee.

Panel

JUSTICE O'BRIEN delivered the judgment of the court, with opinion. Justices Schmidt and Holdridge concurred in the judgment and opinion.

OPINION

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