Illinois Appellate Court Upholds “Each Occurrence Limit” Instead of “General Aggregate Limits”
Bituminous Cas. Corp. v. Iles, et al. (Ill. App. (5th) 2013)
The Illinois Appellate Court for the Fifth District agreed with BatesCarey LLP's client in applying the "Each Occurrence Limit" instead of the "General Aggregate Limit." In Bituminous Cas. Corp. v. Iles, et al., the appellate court reversed a lower court's opinion that applied the "General Aggregate Limits" in the applicable insurance policies rather than the "Each Occurrence Limits." Applying the General Aggregate Limits had the effect of maximizing the policyholder's recovery. However, based on the unambiguous provisions of the contract, the "Each Occurrence Limits" should have applied to the bodily injury and property damage claims caused by an oil well explosion. The appellate court agreed and ruled in favor of BatesCarey LLP's client. John E. Rodewald and John A. Husmann handled all aspects of the litigation the trial court and appellate levels.