Illinois Court Finds Notice Requirement Not Applicable to Additional Insured

In West Bend Mutual Insurance Company v. Community United School District 300, 2021 IL App (2d) 210108, the insurer sought a declaration that it had no duty to defend an additional insured, a school district, in connection with several lawsuits filed on behalf of minors.

The minors were allegedly sexually molested and/or abused during after-school programs run by the named insured, a Boys and Girls Club, which had rented the district premises.

Among other things, the insurer sought a declaration that it owed no duty to defend the district because it was not provided notice of the lawsuits in a timely manner.

The insurer received notice of the occurrence approximately 18 months after the district was made aware of the incidents.

On cross-motions for summary judgment in the declaratory judgment action, the trial court granted the district’s motion for summary judgment. The trial court found the district, as an additional insured, was not required to provide notice of an occurrence and, thus, did not fail to comply with the policy’s notice requirement.