Summary Judgment - Westfield Has No Duty to Defend or Indemnify Insured Roofing Contractor as All Claimed Damage to the Condo Building Itself Lies Outside the Scope of Coverage

Attorney David Osborne recently won summary judgment after the court declared that Westfield Insurance Company had no duty to defend or indemnify insured roofing contractor in the underlying case.  The court held that although the underlying complaint does mention damage to personal property of unit owners, it does not actually claim such damage, and all damage to the condo building itself lies outside the scope of coverage.  The judge accepted the argument that the Illinois Condominium Act gives standing to the association only to make claims based upon the common elements or matters involving more than one unit, but not to claims based upon damage to anyone’s personal property, even if caused by the same water infiltration which damaged the common elements.