Insurer seeks return of payment to policyholder

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 2, 2020 10:08 AM

Relying on an exception to the general rule that “no quasi-contractual claim can arise when a contract exists between the parties concerning the same subject matter on which the quasi-contractual claim rests,” Industrial Lift v. Mitsubishi, 104 Ill.App.3d 357 (1982), Great American Insurance Co. sued a policyholder — Mallers Building LLC, owner of the century-old terra cotta clad high rise at Madison and Wabash in Chicago — for restitution of $4.9 million Great American paid to mitigate Mallers’ losses from a 2018 fire …

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