General Star Indemnity Co. v. Lake Bluff School District No. 65

819 N.E.2d 784, 354 Ill. App. 3d 118, 289 Ill. Dec. 288
CourtAppellate Court of Illinois
DecidedNovember 22, 2004
Docket2-03-1147
StatusPublished
Cited by23 cases

This text of 819 N.E.2d 784 (General Star Indemnity Co. v. Lake Bluff School District No. 65) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
General Star Indemnity Co. v. Lake Bluff School District No. 65, 819 N.E.2d 784, 354 Ill. App. 3d 118, 289 Ill. Dec. 288 (Ill. Ct. App. 2004).

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

Plaintiff, The General Star Indemnity Company (General Star), appeals from the trial court’s ruling that it had a duty to defend defendants, Lake Bluff School District No. 65 and Mark Van Clay (Lake Bluff), against certain claims brought by Beth B., Susan B., and Tom B. (the B. family). The B. family had filed claims against Lake Bluff under the Americans With Disabilities Act of 1990 (ADA) (42 U.S.C. § 12101 et seq. (2000)), section 504 of the Rehabilitation Act of 1973 (section 504) (29 U.S.C. § 794 (2000)), and the Individuals With Disabilities Education Act (IDEA) (20 U.S.C. § 1400 et seq. (2000)). On appeal, General Star argues that the trial court erred in granting partial summary judgment for Lake Bluff and ruling that General Star had a duty to defend Lake Bluff on the ADA and section 504 claims. On cross-appeal, Lake Bluff seeks review of the trial court’s decision that General Star had no duty to defend it on the IDEA claim. Lake Bluff also appeals the trial court’s denial of its request for attorney fees and penalties under section 155 of the Illinois Insurance Code (section 155) (215 ILCS 5/155 (West 2002)), and its request for prejudgment interest. We affirm in part and reverse in part, holding that the underlying complaint sought “damages” within the meaning of Lake Bluffs insurance policy.

I. BACKGROUND

The B. family brought the underlying action on August 4, 2000, after Lake Bluff sought to place Beth in a special education program. Beth has Rett Syndrome, a condition affecting her neurological and cognitive skills. Beth’s parents wanted her to remain in a regular classroom. After an administrative hearing officer ruled in Lake Bluffs favor, the B. family brought an action in federal district court. They requested the same relief for the ADA, section 504, and IDEA claims: (1) reversal of the hearing officer’s order requiring placement of Beth in a special education program; (2) placement of Beth in a regular education program; (3) reimbursement for the costs of two doctors’ evaluations; (4) reimbursement for the costs of independent clinicians’ educational services; (5) attorney fees and costs; and (6) any other relief that the court deemed just. The federal district court ruled in Lake Bluffs favor, the Seventh Circuit Court of Appeals affirmed the decision, and the United States Supreme Court denied certiorari. Beth B. v. Van Clay, 282 F.3d 493 (2002), cert, denied, 537 U.S. 948, 154 L. Ed. 2d 292, 123 S. Ct. 412 (2002).

At the time of the suit, Lake Bluff had a “School Board Legal Liability Policy” with General Star and tendered defense of the action to it. General Star provided $50,000 for defense costs under the policy’s supplementary payments provision but denied that it was liable for any additional amounts, claiming that the B. family had not sought “damages” as required by the policy. General Star also maintained that, even if any of the claims in the underlying action were for “damages,” a policy exclusion of all relief other than “monetary damages” precluded coverage. General Star sought a declaration to this effect in the trial court. Lake Bluff counterclaimed for declaratory and other relief.

The policy provides, in relevant part:

“I. INSURING AGREEMENT
The Company will pay on behalf of the INSURED all sums which the INSURED shall become legally obligated to pay as damages to which this insurance applies, as a result of CLAIMS first made during the period of this policy, against the INSURED by reason of WRONGFUL ACT(S) rendered in the discharge of the EDUCATIONAL ENTITY duties. ***
II. DEFENSE AND SUPPLEMENTARY PAYMENTS The Company shall have the right and duty to defend any CLAIM against the INSURED seeking damages to which this insurance applies, arising from WRONGFUL ACT(S) even if any of the allegations of the suit are groundless, false, or fraudulent, and may make such investigation of any CLAIM as it deems expedient. However, the Company shall not be obligated to pay any CLAIM or defend any suit, after the applicable limit of the Company’s liability has been exhausted by payment of judgment or settlements.
The Company shall provide defense [costs] not to exceed $50,000 for CLAIM(S) seeking non-monetary relief in the area of employment disputes, special education, or redistricting activities.
ifi jfi jji
VII. EXCLUSIONS
The Company shall not make any payment nor defend any suit in connection with any CLAIMS made against the INSURED:
^ ^ ^
10. For Claims, demands or actions seeking relief or redress in any form other than monetary damages, or for any costs, fees, including attorney’s fees, or expenses which the INSURED shall be legally obligated to pay as a result of any adverse judgment for injunctive or declaratory relief. However, the Company will afford defense to the INSURED for such CLAIMS as provided in SECTION II—DEFENSE AND SUPPLEMENTARY PAYMENTS.” (Emphasis added.)

The policy’s definition of “wrongful act(s)” includes any “acts or omission, neglect or breach of duty *** including actual or alleged Civil Rights violations.” The policy does not define “damages.”

In the trial court, the parties filed cross-motions for summary judgment. In discussing the motions, the trial court stated that the federal judge in the underlying suit had the discretion to award compensatory damages under the ADA and section 504. The trial court therefore ruled as follows. General Star owed Lake Bluff a duty to defend in the underlying complaint as to the ADA and section 504 claims, but it did not owe a duty to defend the IDEA claim beyond the $50,000 supplementary defense benefit. General Star was obligated to pay Lake Bluffs attorney fees and defense costs in the federal district court and federal appellate court proceedings, but not the fees and costs associated with the petition before the United States Supreme Court (which related to only the IDEA claim). Lake Bluff was not entitled to relief under section 155 or to prejudgment interest. The trial court subsequently denied General Star’s motion for reconsideration. General Star timely appealed, and Lake Bluff timely cross-appealed. The B. family is not a party to this appeal.

II. ANALYSIS

The construction of an insurance policy provision is a question of law that can be properly decided on a motion for summary judgment. Crum & Forster Managers Corp. v. Resolution Trust Corp., 156 Ill. 2d 384, 391 (1993). We review de novo a grant of summary judgment. General Casualty Insurance Co. v. Lacey, 199 Ill. 2d 281, 284 (2002).

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Bluebook (online)
819 N.E.2d 784, 354 Ill. App. 3d 118, 289 Ill. Dec. 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-star-indemnity-co-v-lake-bluff-school-district-no-65-illappct-2004.