TDR’s leading insurance coverage practice for policyholders achieved yet another significant victory. This latest victory was on behalf of the National Association of Women Business Owners-Chicago Chapter. NAWBO Chicago’s former president recently sued the organization for slander and libel, and NAWBO Chicago tendered the defense of the defamation suit to its insurer. The insurer, however, responded to NAWBO Chicago’s tender by denying coverage based on the insurance policys two intentional acts exclusions and sued NAWBO Chicago in the Circuit Court of Cook County seeking a declaration that it had no obligation to defend NAWBO Chicago in connection with the defamation lawsuit. After briefing and oral argument, Circuit Court Judge Rodolfo Garcia granted NAWBO Chicago summary judgment on the insurer’s declaratory judgment action and held that NAWBO Chicago’s insurer owed NAWBO Chicago a duty to provide a defense. Judge Garcia rejected the insurer’s argument that the insurance policy’s intentional acts exclusions applied to bar coverage of the defamation claims. NAWBO Chicago was represented in this matter by TDR partner Mark Horwitch and associate Mili Smith.
