Duty to defend for negligence held to apply to willful, wanton conduct

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 December 21, 2021 11:17 AM

The 2nd District Appellate Court recently held that an insurer had a duty to defend an additional insured based on allegations of “willful and wanton” conduct, despite the fact that the relevant endorsement provided coverage only for “negligent” acts.The case is West Bend Mutual Insurance Co. v. Community Unit School District 300, 2021 IL App (2d) 210108 (Nov. 12). Insurer West Bend was represented by Cray Huber Horstman Heil & Van Ausdal of Chicago. Dykema Gossett PLLC of Chicago represented the additional insured …

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