This case was last updated from U.S. District Courts on 12/14/2021 at 08:17:05 (UTC).

AmGuard Insurance Company v. Bellerive Terrace Homeowners Association et al

Case Summary

On 10/15/2021 AmGuard Insurance Company filed a Contract - Insurance lawsuit against Bellerive Terrace Homeowners Association. This case was filed in U.S. District Courts, Illinois Northern District. The Judge overseeing this case is John Z. Lee. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-05488

  • Filing Date:

    10/15/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

Judge Details

Presiding Judge

John Z. Lee

 

Party Details

Plaintiff

AmGuard Insurance Company

Defendants

Bellerive Terrace Homeowners Association

Brompton Homes, LLC

Robert Crane

Eileen Crane

William Steinhauer

Attorney/Law Firm Details

Plaintiff Attorneys

Alexandrea Y. Diaz

Attorney at Wilson Elser Moskowitz Edelman & Dicker, Llp

55 West Monroe Streetsuite 3800

Chicago, IL 60603

Michael John Duffy

Attorney at Wilson, Elser, Moskowitz, Edelman & Dicker, LLP

55 West Monroe Streetsuite 3800

Chicago, IL 60603

Alan M. Posner

Attorney at Wilson Elser Moskowitz Edelman & Dicker LLP

55 West Monroe Streetsuite 3800

Chicago, IL 60603-5001

Defendant Attorney

William David Cherny

Attorney at Cherny Law Offices, P.C.

111 E. Jefferson Ave.

Naperville, IL 60540

 

Court Documents

#1

1 #1

Exhibit A

1 #2

Exhibit B

#2

#3

#4

#5

(#5) MINUTE entry before the Honorable John Z. Lee:In this case, AmGuard Ins. Co. ("AmGuard") seeks a declaratory judgment that it owes no coverage obligations to Defendants Brompton Homes, Robert Crane, Eileen Crane, and William Steinhauer in connection with the claims against them in an ongoing lawsuit currently pending in the DuPage County Circuit Court. Illinois appellate courts have "repeatedly held that although a declaratory judgment action brought to determine an insurer's duty to defend is ripe upon the filing of a complaint against the insured, a declaratory judgment action brought to determine an insurer's duty to indemnify an insured is not ripe for adjudication until an insured becomes legally obligated to pay the damages in the underlying action." Gregory v. Farmers Auto. Ins. Ass'n, 910 N.E.2d 763, 765 (Ill. App. Ct. 2009) (citing Stokes v. Pekin Ins. Co., 698 N.E.2d 252 (Ill. App. Ct. 1998); Weber v. St. Paul Fire & Marine Ins. Co., 622 N.E.2d 66 (Ill. App. Ct. 1993); Certain Underwriters at Lloyd's, London v. Boeing Co., 895 N.E.2d 940 (Ill. App. Ct. 2008); Czapski v. Maher, 896 N.E.2d 394 (2008)). "The reason for this rule is that a court cannot pass judgment on mere abstract propositions of law, render an advisory opinion, or give legal advice as to future events." Id. at 765-66 (internal quotation marks omitted). The Court issues a rule to show cause why this case should not be dismissed without prejudice as unripe. AmGuard's brief, up to five pages, may be filed on or before October 25, 2021. A show cause hearing is set for October 28, 2021 at 10:45 a.m. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. (ca, ) (Entered: 10/18/2021)

#6

(#6) MEMORANDUM by AmGuard Insurance Company showing cause why this action should not be dismissed as unripe (Duffy, Michael) (Entered: 10/25/2021)

#7

(#7) MINUTE entry before the Honorable John Z. Lee: Plaintiff's memorandum in response to the rule to show cause is sufficient to discharge the rule to show cause order. The show cause hearing set for October 28, 2021, at 10:45 a.m. is, therefore, stricken. (ca, ) (Entered: 10/27/2021)

#8

(#8) MINUTE entry before the Honorable John Z. Lee:A Rule 16 initial status hearing is set for 12/15/21 at 9:15 a.m. The parties are directed to file a joint initial status report by 12/9/21. The report should comply with the requirements for initial joint status reports set forth in the Initial Status Conference standing order, which can be found on the Court's website. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. (ca, ) (Entered: 10/28/2021)

#9

(#9) ATTORNEY Appearance for Defendants Brompton Homes, LLC, Eileen Crane, Robert Crane, William Steinhauer by William David Cherny (Cherny, William) (Entered: 12/06/2021)

#10

(#10) ATTORNEY Appearance for Plaintiff AmGuard Insurance Company by Alan M. Posner (Posner, Alan) (Entered: 12/07/2021)

#11

(#11) STATUS Report (Initial) by AmGuard Insurance Company (Duffy, Michael) (Entered: 12/09/2021)

2 More Documents Available

 

Docket Entries

  • 12/09/2021
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  • Docket(#11) STATUS Report (Initial) by AmGuard Insurance Company (Duffy, Michael) (Entered: 12/09/2021)

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  • 12/07/2021
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  • Docket(#10) ATTORNEY Appearance for Plaintiff AmGuard Insurance Company by Alan M. Posner (Posner, Alan) (Entered: 12/07/2021)

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  • 12/06/2021
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  • Docket(#9) ATTORNEY Appearance for Defendants Brompton Homes, LLC, Eileen Crane, Robert Crane, William Steinhauer by William David Cherny (Cherny, William) (Entered: 12/06/2021)

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  • 11/02/2021
  • DocketSUMMONS Issued as to Defendants Bellerive Terrace Homeowners Association, Brompton Homes, LLC, Eileen Crane, Robert Crane, and William Steinhauer. (lxk, ) (Entered: 11/02/2021)

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  • 10/28/2021
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  • Docket(#8) MINUTE entry before the Honorable John Z. Lee:A Rule 16 initial status hearing is set for 12/15/21 at 9:15 a.m. The parties are directed to file a joint initial status report by 12/9/21. The report should comply with the requirements for initial joint status reports set forth in the Initial Status Conference standing order, which can be found on the Court's website. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. (ca, ) (Entered: 10/28/2021)

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  • 10/27/2021
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  • Docket(#7) MINUTE entry before the Honorable John Z. Lee: Plaintiff's memorandum in response to the rule to show cause is sufficient to discharge the rule to show cause order. The show cause hearing set for October 28, 2021, at 10:45 a.m. is, therefore, stricken. (ca, ) (Entered: 10/27/2021)

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  • 10/25/2021
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  • Docket(#6) MEMORANDUM by AmGuard Insurance Company showing cause why this action should not be dismissed as unripe (Duffy, Michael) (Entered: 10/25/2021)

    Read MoreRead Less
  • 10/18/2021
  • View Court Documents
  • Docket(#5) MINUTE entry before the Honorable John Z. Lee:In this case, AmGuard Ins. Co. ("AmGuard") seeks a declaratory judgment that it owes no coverage obligations to Defendants Brompton Homes, Robert Crane, Eileen Crane, and William Steinhauer in connection with the claims against them in an ongoing lawsuit currently pending in the DuPage County Circuit Court. Illinois appellate courts have "repeatedly held that although a declaratory judgment action brought to determine an insurer's duty to defend is ripe upon the filing of a complaint against the insured, a declaratory judgment action brought to determine an insurer's duty to indemnify an insured is not ripe for adjudication until an insured becomes legally obligated to pay the damages in the underlying action." Gregory v. Farmers Auto. Ins. Ass'n, 910 N.E.2d 763, 765 (Ill. App. Ct. 2009) (citing Stokes v. Pekin Ins. Co., 698 N.E.2d 252 (Ill. App. Ct. 1998); Weber v. St. Paul Fire & Marine Ins. Co., 622 N.E.2d 66 (Ill. App. Ct. 1993); Certain Underwriters at Lloyd's, London v. Boeing Co., 895 N.E.2d 940 (Ill. App. Ct. 2008); Czapski v. Maher, 896 N.E.2d 394 (2008)). "The reason for this rule is that a court cannot pass judgment on mere abstract propositions of law, render an advisory opinion, or give legal advice as to future events." Id. at 765-66 (internal quotation marks omitted). The Court issues a rule to show cause why this case should not be dismissed without prejudice as unripe. AmGuard's brief, up to five pages, may be filed on or before October 25, 2021. A show cause hearing is set for October 28, 2021 at 10:45 a.m. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. (ca, ) (Entered: 10/18/2021)

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  • 10/15/2021
  • DocketCASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (cm, ) (Entered: 10/15/2021)

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  • 10/15/2021
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  • Docket(#4) ATTORNEY Appearance for Plaintiff AmGuard Insurance Company by Alexandrea Y. Diaz (Diaz, Alexandrea) (Entered: 10/15/2021)

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  • 10/15/2021
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  • Docket(#3) ATTORNEY Appearance for Plaintiff AmGuard Insurance Company by Michael John Duffy (Duffy, Michael) (Entered: 10/15/2021)

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  • 10/15/2021
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  • Docket(#2) CIVIL Cover Sheet (Duffy, Michael) (Entered: 10/15/2021)

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  • 10/15/2021
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  • Docket(#1) COMPLAINT for Declaratory Judgment filed by AmGuard Insurance Company; Filing fee $ 402, receipt number 0752-18771713. (Attachments: #1 Exhibit A, #2 Exhibit B)(Duffy, Michael) (Entered: 10/15/2021)

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