Thornton v. Paul

I agree with the majority’s well-reasoned conclusions that (1) the trial court should not have stricken evidence rebutting Illinois Founders’ prima facie battery defense, and (2) the question of whether the event in question constituted an “occurrence” within the meaning of the policy was also before the trial court on remand. I conclude, however, that the evidence, including that which was improperly stricken after the conclusion of the hearing, showed, as a matter of law, that the liability insurance policy did not cover the event. For this reason, I would affirm the order finding Illinois…