Legal Opinion

CMK Development Corp. v. West Bend Mutual Insurance

Appellate Court of Illinois

Decided October 30, 2009No. 1—08—1155PublishedCited by 8 opinions

1Opinion of the Court

JUSTICE ROBERT E. GORDON

delivered the opinion of the court:

This appeal concerns whether an insurance company had a duty to defend its insured, a residential developer.

The facts are undisputed and can be summarized in a paragraph. After the developer built a home for a couple, the couple presented a long list of alleged defects with the home. The developer then contacted its insurance company, which refused to obtain counsel to represent the developer in a subsequent arbitration proceeding against the developer. After entering arbitration, the purchasers and the developer agreed to settle for…

2Cases cited24 opinions

  1. United States Fidelity & Guaranty Co. v. Wilkin Insulation Co.Illinois Supreme Court · 1991
  2. Employers Insurance v. Ehlco Liquidating TrustIllinois Supreme Court · 1999
  3. Travelers Insurance v. Eljer Manufacturing, Inc.Illinois Supreme Court · 2001
  4. Valley Forge Insurance v. Swiderski Electronics, Inc.Illinois Supreme Court · 2006
  5. Gillen v. State Farm Mutual Automobile InsuranceIllinois Supreme Court · 2005

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

3Cited by8 opinions

  1. Lagestee-Mulder, Inc. v. Consolidated InsuranceCourt of Appeals for the Seventh Circuit · 2012
  2. CMK DEVELOPMENT v. West Bend Mut. Ins. Co.Appellate Court of Illinois · 2009
  3. Milwaukee Mut. Ins. Co. v. JP LARSENAppellate Court of Illinois · 2011
  4. Westfield Insurance Co. v. West Van Buren, L.L.C.Appellate Court of Illinois · 2016
  5. Milwaukee Mutual Insurance Company v. J.P. Larsen, Inc.Appellate Court of Illinois · 2011

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

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