Illinois Founders Insurance v. Smith

Plaintiff, Illinois Founders Insurance Company, sought a judgment declaring that it had no duty to defend or indemnify defendants, Inez Smith and James Lowe, on two counts of a six-count complaint concerning a homicide in Smith’s bar. The trial court denied the insurance company’s motion for summary judgment and dismissed the complaint for declaratory judgment.

On March 11, 1984, Raymond Belk got into a fight with James Lowe in Kitty’s Lounge, which is owned by Inez Smith. Lowe shot Belk and several days later Belk died from the injury. In a criminal trial Lowe was found not guilty of murder…