Legal Opinion

Pekin Insurance v. Dial

Appellate Court of Illinois

Decided December 16, 2004No. 5—03—0646PublishedCited by 7 opinions

1Opinion of the CourtJustice Hopkins

Cynthia Cain filed a sexual assault action against Dial Real Estate and Investments and David Dial (Dial), and Dial tendered the defense of Cain’s action to his insurer, Pekin Insurance Company (Pekin). Pekin filed this action seeking a declaration that it had no duty to defend Dial in the Cain action. The trial court found that Pekin had a duty to defend Dial and that Pekin breached its duty to defend.

On appeal, Pekin argues that the trial court erred in finding that Cain’s sexual assault allegations were covered by Pekin’s insurance policy.

We reverse and enter a declaratory judgment for…

2Cases cited8 opinions

  1. Crum & Forster Managers Corp. v. Resolution Trust Corp.Illinois Supreme Court · 1993
  2. Aetna Casualty & Surety Co. v. FreyerAppellate Court of Illinois · 1980
  3. State Farm Fire & Casualty Co. v. MartinIllinois Supreme Court · 1999
  4. Bay State Insurance Co. v. WilsonIllinois Supreme Court · 1983
  5. Thornton v. Illinois Founders Insurance Co.Illinois Supreme Court · 1981

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Konstant Products, Inc. v. Liberty Mutual Fire InsuranceAppellate Court of Illinois · 2010
  2. Pekin Insurance v. WilsonAppellate Court of Illinois · 2009
  3. Milwaukee Mut. Ins. Co. v. JP LARSENAppellate Court of Illinois · 2011
  4. Milwaukee Mutual Insurance Company v. J.P. Larsen, Inc.Appellate Court of Illinois · 2011
  5. American Family Mutual Insurance v. GuzikAppellate Court of Illinois · 2010

2 more not listed; retrieve them via the Exa API.

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