Insurer Must Defend School District Against Sexual Abuse Lawsuits, Ill. Appeals Court Rules
November 17, 2021
ELGIN, Ill. — An insurer must defend an Illinois school district against sexual abuse lawsuits because the underlying complaints allege “willful and wanton” conduct, which potentially triggers coverage under the policy’s physical abuse and sexual molestation liability endorsement, a state appellate court has affirmed.
In a Nov. 12 opinion, the Illinois Appellate Court, 2nd District, explained that the Illinois Supreme Court has consistently held “there is no separate and independent tort of ‘willful and wanton’ misconduct” and has described willful and wanton conduct as a “hybrid” of negligent and intentionally tortious acts.
West Bend Mutual Insurance Co. sought a …
- Cray Huber Horstman Heil & Van Ausdal
- Dykema Gossett