Rock v. State Farm Fire & Casualty Co.

917 N.E.2d 610, 334 Ill. Dec. 784, 395 Ill. App. 3d 145, 2009 Ill. App. LEXIS 1027
CourtAppellate Court of Illinois
DecidedOctober 20, 2009
Docket3-08-0915
StatusPublished
Cited by8 cases

This text of 917 N.E.2d 610 (Rock v. State Farm Fire & Casualty Co.) 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
Rock v. State Farm Fire & Casualty Co., 917 N.E.2d 610, 334 Ill. Dec. 784, 395 Ill. App. 3d 145, 2009 Ill. App. LEXIS 1027 (Ill. Ct. App. 2009).

Opinions

JUSTICE CARTER

delivered the opinion of the court:

Plaintiffs George and Martha Rock (the Rocks) brought a declaratory judgment action against defendant State Farm Fire and Casualty Company (State Farm) seeking a declaration that State Farm had duties to defend and indemnify the Rocks against a lawsuit brought by a third party. After judgment in the underlying lawsuit was entered in the Rocks’ favor, the instant declaratory judgment action proceeded solely on the issue of whether State Farm had a duty to defend the Rocks. The trial court found that State Farm had a duty to defend the Rocks against the underlying suit. State Farm appealed. We reverse.

FACTS

The record reveals the following facts. In August 2004, the Rocks sold a home located in La Porte, Indiana, to Phillip and Janel Koss (the Kosses). In March 2005, the Kosses filed a three-count complaint in Indiana state court against the Rocks. In all three counts, the Kosses alleged that the Rocks had indicated on a residential real estate sales disclosure form that there were no moisture or water problems in any area of the home, there was no damage due to flood, there were no hazardous conditions such as mold, and there were no foundation problems. In count I, the Kosses claimed that these statements were fraudulent misrepresentations as to past and/or existing material facts and that the Rocks made these false statements knowingly or with reckless ignorance or indifference of their falsity. Further, the Kosses alleged that the Rocks made these false statements to induce the Kosses to purchase the property. The Kosses alleged they relied upon the Rocks’ statements and were injured. The alleged damages were the loss of their bargain, the loss of value to their property, the loss of use of their property, the cost of remediation, and emotional distress and anguish.

In count II, the Kosses alleged that the Rocks’ misrepresentations violated the duty of good faith and fair dealing. The Kosses claimed damages as a result, including the loss of their bargain, the loss of value to their property, the loss of use of their property, and the cost of remediation. In count III, the Kosses allege that the misrepresentations made by the Rocks were negligent misrepresentations and resulted in the loss of their bargain, the loss of value to their property, the loss of use of their property, and the cost of remediation.

On June 15, 2007, the Rocks filed a petition for declaratory judgment against State Farm seeking a declaration that State Farm had “an obligation to consider, settle and/or arbitrate” the suit brought by the Kosses. The Rocks alleged that State Farm had such a duty under a homeowner’s insurance policy issued by State Farm to the Rocks for the La Porte property that was in effect in July 2004. In addition, State Farm had declined the Rocks’ request to tender defense of the suit to State Farm.

On August 23, 2007, the Rocks filed an amended petition for declaratory judgment. In the amended petition, the Rocks stated that the underlying lawsuit against them had been tried before a jury. A verdict in that suit was entered in favor of the Rocks.

State Farm filed its answer in the instant declaratory judgment action on September 5, 2007. In its answer, State Farm admitted a homeowner’s policy was in effect in July 2004. In addition, State Farm admitted that it had denied the Rocks’ request for defense of the lawsuit brought by the Kosses because the liability provision of the insurance policy was not triggered, as the underlying complaint did not contain allegations of an occurrence that caused property damage. State Farm also claimed two affirmative defenses not at issue in this appeal.

The homeowners’ policy in question was issued on December 15, 2003, and coverage ceased on September 14, 2004. Section II, coverage L, of the policy provides that State Farm will provide a defense “[i]f a claim is made or a suit is brought against an insured for damages because of bodily injury or property damage to which this coverage applies, caused by an occurrence.” An “occurrence” is defined as “an accident, including exposure to conditions” that results in bodily injury or property damage. “Property damage” is defined as “physical damage to or destruction of tangible property, including loss of use of this property.”

On January 7, 2008, State Farm filed a motion for judgment on the pleadings pursuant to section 2 — 615(e) of the Code of Civil Procedure. 735 ILCS 5/2 — 615(e) (West 2008). State Farm argued in that motion that it did not owe the Rocks a duty to defend or indemnify because the underlying complaint did not allege an occurrence that caused property damage. In response, the Rocks argued that the underlying complaint did allege property damage, pled as “costs of remediation” and “loss of use of the property” which was caused by water leaking into the home. The Rocks argued that the complaint set forth allegations which were within or potentially within coverage under the policy and, thus, State Farm’s motion should be denied.

The court found that the underlying complaint alleged that the Rocks made negligent or reckless misrepresentations causing property damage in the form of loss of use and cost of remediation. Thus, the court found that the allegations in the complaint triggered State Farm’s duty to defend the Rocks and denied State Farm’s motion for judgment on the pleadings. Subsequently, the court entered judgment in favor of the Rocks, declaring that State Farm owed them a duty to defend against the lawsuit brought by the Kosses. That same day, the parties stipulated that the Rocks paid $29,645.79 defending the suit. State Farm appealed.

ANALYSIS

On appeal, State Farm maintains that the trial court erred by finding that State Farm had a duty to defend the Rocks against the underlying claims that they failed to disclose problems with the house. To determine whether an insurer owes a duty to defend to an insured, the court must compare the allegations in the underlying complaint to the relevant portions of the insurance policy. Outboard Marine Corp. v. Liberty Mutual Insurance Co., 154 Ill. 2d 90, 107-08, 607 N.E.2d 1204, 1212 (1992). “If the facts alleged in the underlying complaint fall within, or potentially within, the policy’s coverage, the insurer’s duty to defend arises.” Outboard Marine Corp., 154 Ill. 2d at 108, 607 N.E.2d at 1212. “The factual allegations of the complaint rather than the legal theory under which the action is brought will determine whether there is a duty to defend.” Travelers Insurance Cos. v. P.C. Quote, Inc., 211 Ill. App. 3d 719, 729, 570 N.E.2d 614, 621 (1991). An insurer’s duty to defend is much broader than its duty to indemnify. Crum & Forster Managers Corp. v. Resolution Trust Corp., 156 Ill. 2d 384, 393-94, 620 N.E.2d 1073, 1079 (1993). The construction of an insurance policy is a question of law, which we review de novo. Outboard Marine Corp., 154 Ill. 2d at 108, 607 N.E.2d at 1212.

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Rock v. State Farm Fire & Casualty Co.
917 N.E.2d 610 (Appellate Court of Illinois, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
917 N.E.2d 610, 334 Ill. Dec. 784, 395 Ill. App. 3d 145, 2009 Ill. App. LEXIS 1027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rock-v-state-farm-fire-casualty-co-illappct-2009.