Tortious Interference, Deceptive Business Practices Claims Reinstated Against NICO, Resolute in Illinois Coverage Action

CHICAGO — An Illinois appeals court has reinstated a claim of tortious interference with a contract against National Indemnity Co. and Resolute Management Inc. in a coverage dispute, finding a question of fact exists as to whether the defendants acted maliciously.

On May 21, the Illinois Court of Appeal, 4th District, also reinstated the claim of deceptive business practices, finding the defendants’ true intent must be established.

Starting in 1978, National Union Fire Insurance Company of Pittsburgh, Pa., provided liability coverage to Gardner Denver. Gardner Denver sued National Union in 2001, seeking defense and indemnity for underlying asbestos claims. The …