Federal Insurance v. Lexington Insurance

Presiding Justice Gallagher and Justice Lavin concurred in the judgment and opinion.

OPINION

This appeal arises from an insurance coverage lawsuit in which plaintiff, Federal Insurance Company (Federal), sought to recover from defendant, Lexington Insurance Company (Lexington), settlement payments made by Federal on behalf of its insured in a personal injury action. The circuit court held that the insured’s failure to comply with the “Notice of Circumstance” provision precluded coverage under the Lexington policy and granted summary judgment in favor of Lexington. On appeal, Federal contends…