Subrogation, Unjust Enrichment Claims Properly Dismissed, Illinois Panel Says

(December 4, 2017, 12:14 PM EST) -- CHICAGO — A trial court did not err in dismissing a primary insurer’s counterclaim seeking  contractual subrogation and alleging unjust enrichment against an insured’s excess insurers in an asbestos coverage dispute because the primary insurer did not have a legal obligation to pay for any of the insured’s liabilities incurred as a result of the underlying asbestos claims, the First District Illinois Appellate Court, Third Division, said Nov. 29 (Century Indemnity Co., et al. v. American Home Assurance Co., et. al., No. 1-16-3311, Ill. App., 1st Dist., 3rd Div., 2017 Ill. App. Unpub. LEXIS 2428)....

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