Appellate Court of Illinois

Summary judgment in favor of defendant on a declaratory judgement claim seeking a declaration that defendant had a duty to defend plaintiff in a racial discrimination suit is affirmed where: 1) the policy's liability limitation barring coverage for discrimination "committed by or at the direction of the insured" is not ambiguous; 2) Michigan law does not control the policy coverage since plaintiff does not present sufficient authority to support an allegation of conflict; and 3) the discrimination alleged was not vicarious since it was established that it was an act by plaintiff.

Appellate Information

• Decided 05/29/2007
• Published 05/29/2007

Judges

• Justice ROBERT E. GORDON delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellees:
  
• Palmer & Associates, Chicago (Dwight B. Palmer, Jr., Tiffany J. Beverly, of counsel), for Appellant and Cross-Appellee., O'Hagan, Smith & Amundsen, L.L.C., Chicago (Richard T. Valentino, Michael Resis, of counsel), for Appellee and Cross-Appellant.