Following stove fire, co-insured tenant denied coverage for contribution claim

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 January 3, 2023 11:01 AM

Updated January 3, 2023 1:54 PM

The Illinois Supreme Court recently limited the application of a 1992 decision of the court that deemed a tenant to be a co-insured under a landlord’s fire insurance policy. Reversing the appellate court, the Supreme Court’s new decision holds that the tenant’s co-insured status does not obligate the insurer to provide a defense in a contribution action against the tenant.The case is Sheckler v. Auto-Owners Insurance Co., 2022 IL 128012 (Nov. 28). The tenants, Monroe and Dorothy Sheckler, were represented …

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