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.
Lynch
EAST ST. LOUIS An insurance carrier for Southwestern Illinois College (SWIC) is seeking reimbursement from a co-insurer in the settlement of a rape case.
Arch Insurance Company filed a complaint May 3 in the U.S. District Court for the Southern District of Illinois East St. Louis Division against Catlin Indemnity Company, alleging failure to defend and indemnify.
According to the complaint, Arch advised Catlin on June 20, 2020, of an upcoming mediation in the case Peggy Kachadorian v. Metro-East Transit District of St. Clair County, doing business as St. Clair County Transit District. According to Arch s complaint, the case involved Kachadorian seeking damages for her rape that occurred on a bus tied to SWIC, due to SWIC s contract with Metro-East Transit District. Arch claims SWIC holds a commercial general liability policy and that it provided a defense to SWIC in the case. The rape suit allegedly resulted in an $865,000 settlement with Arch