Stacy Fulco Secures Favorable Appellate Court Ruling Regarding A Duty To Defend Under A Self-Insured Retention

 

Stacy Fulco’s retail client tendered its defense and indemnification to a floor mat vendor after being sued for negligence in a trip and fall case involving a floor mat.  The vendor denied the tender and its carrier denied the tender because of a $1 million self-insured retention.  After winning summary judgment in the underlying case and having it upheld on appeal, Stacy’s client filed a breach of contract action against the vendor.  Cross motions for summary judgment were filed and the circuit court ruled the vendor had no duty to defend based on the allegations in the complaint.  The appellate court reversed, holding the vendor breached the contract because it was self-insured for $1 million rather than having commercial general liability coverage as was required by the contract.  Dominick’s Finer Foods, LLC v. Eurest Services, Inc., 2015 IL App (1st) 150369-U. 

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