Kenworthy v. Bituminous Casualty Corp.

Mr. PRESIDING JUSTICE SIMKINS

delivered the opinion of the court:

Defendant Bituminous Casualty appeals from the verdict of a jury which awarded plaintiff the costs and attorney fees he incurred because of the breach of the insurer’s duty to defend.

Defendant raises two issues for our review: (1) whether the trial court should have directed a verdict in its favor; and (2) were the instructions proper.

On February 6, 1967, a Peoria & Eastern railroad train collided with a car at a railroad crossing in LeRoy, Illinois. One of plaintiff’s trucks was parked nearby, unoccupied, along the railroad…