Casualty Insurance Co. v. Kendall Enterprises, Inc.

Plaintiff, Casualty Insurance Company, filed a complaint for declaratory judgment against defendants Kendall Enterprises, Inc. (Kendall), and Kendall’s employee, Arthur Bastyr, claiming that it had cancelled Kendall’s workers’ compensation policy and therefore was not obligated to defend Kendall or pay benefits to Bastyr. The circuit court granted defendant Arthur Bastyr’s motion to dismiss. Plaintiff contends on appeal that the trial court “erroneously deferred resolution of this insurance coverage dispute” to the Illinois Industrial Commission (Commission).

The record on appeal consists of…