Court finds no defense obligation for alleged statutory violations

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted April 6, 2021 11:38 AM

The 7th U.S. Circuit Court of Appeals, construing Illinois law, recently held that a commercial general liability policy issued to a debt collector did not provide coverage for allegedly harassing calls giving rise to statutory violations, despite arguments by the debt collector that some of the allegations in the underlying complaint could be construed as targeting calls that were not technically excluded from coverage.The case is Zurich American Insurance Co. v. Ocwen Financial Corp., 2021 U.S. App. Lexis 7292 (7th Cir., …

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