1 Insurer Wins, 1 Loses In Competing Summary Judgment Motions Over Pavement Failure

(September 27, 2023, 2:06 PM EDT) -- CHICAGO — After first finding that Illinois law applies to a coverage dispute over the failure of pavement at a Michigan outlet mall, a federal judge in that state granted summary judgment to one subcontractor’s insurer and denied the competing summary judgment motion of another subcontractor’s insurer, finding that because the underlying complaint seeks only the costs of repairing the general contractor’s work, it does not allege an “occurrence” or “property damage” to trigger the first insurer’s duty to defend....