DeVore v. American Family Mutual Insurance

              No. 2--07--0154 Filed: 6-24-08
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IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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KARL DeVORE and DIANA DeVORE, ) Appeal from the Circuit Court
) of Lake County.
Plaintiffs-Appellants, ))
v. ) No. 04--MR--1425
)
AMERICAN FAMILY MUTUAL )
INSURANCE COMPANY, ) Honorable
) Raymond J. McKoski,
Defendant-Appellee. ) Judge, Presiding.
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JUSTICE McLAREN delivered the opinion of the court:
After a bench trial, plaintiffs, Karl and Diana DeVore, appeal from the trial court's judgment
in favor of defendant, American Family Mutual Insurance Company, in this case involving alleged
coverage for mold remediation of the DeVores' home. On appeal, the DeVores contend that the trial
court erred by: (1) determining that loss caused by mold was excepted from coverage under
American Family's policy; and (2) determining that American Family's refusal to pay for the mold
remediation was not vexatious and unreasonable under section 155 of the Illinois Insurance Code
(215 ILCS 5/155 (West 2004)). We affirm because the American Family policy clearly and
unambiguously excluded the mold damage in this case.
FACTS
The following facts are taken from the record, including the parties stipulations at trial. The
DeVores filed a three-count complaint against American Family: count I sought a declaration of