Allstate Insurance v. Amato

              THIRD DIVISION
March 30, 2007
No. 1-06-0990
ALLSTATE INSURANCE COMPANY, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
)
v. ) No. 04CH8274
)
JON AMATO, ) The Honorable
) Peter J. Flynn,
Defendant-Appellant ) Judge Presiding.
)
(Lea Goldblatt and the Estate of Noel )
Goldblatt, ))
Defendants). )
JUSTICE GREIMAN delivered the opinion of the court:
Plaintiff Allstate Insurance Company (Allstate) filed a complaint seeking declaratory
judgment that it did not owe a duty to defend or indemnify its insured, defendant Jon Amato, in a
civil lawsuit filed against him by defendants Lea Goldblatt and the estate of Noel Goldblatt.
Amato answered the complaint and filed an affirmative defense and several counterclaims. The
trial court entered summary judgment orders in Allstate’s favor on its complaint and on the
affirmative defenses and counterclaims. Amato appeals those orders contending that, under his
personal umbrella policy (PUP) with Allstate, he was entitled to defense and indemnification of
the underlying suit and that he is entitled to reimbursement for costs and fees he incurred in
defending the underlying suit while a determination of coverage was pending. We affirm.
Lea Goldblatt and the estate of Noel Goldblatt filed the underlying suit against Amato and
eight other defendants. The lawsuit alleged that various officers, directors, and affiliates of