A co-insurer for Southwestern Illinois College argues that it is not responsible for defending a rape case involving a St. Clair County transit bus because its policy only covers educational operations.
Lynch
A co-insurer for Southwestern Illinois College seeks to dismiss a lawsuit claiming it failed to provide defense costs for the college in an underlying rape case allegedly involving a St. Clair County transit bus driver.
Catlin Indemnity Company filed a motion to dismiss and a supporting memorandum on July 2 through attorney Heather Igoe of Collinsville. The defendant argues that “even if the allegations in the complaint are accepted as true, plaintiff has failed to state a claim upon which relief can be granted.”
“Here, plaintiff’s complaint does not plead direct or inferential allegations that Catlin is primarily liable to the insured for a loss under a policy of insurance or that plaintiff is secondarily liable to the insured for the same loss under its policy,” the memorandum in support of the motion to dismiss states.