Gateway Residences at Exchange, LLC v. Illinois Union Insurance Co.

Gateway filed suit to collect a $900,000 judgment from a contractor's liability insurer, Illinois Union. The Fourth Circuit held that the district court had diversity jurisdiction over the case and rightly refused to remand to state court. On the merits, the court held that Gateway's argument that Illinois waived certain defenses by failing to promptly inform Gateway of its coverage denial under Virginia Code section 38.2-2226 failed, because Illinois Union had not denied coverage because of the contractor's breach. In this case, the relevant policy covered only claims reported to the insurer during the policy period, and the policy expired 19 months before Illinois Union learned about Gateway's claim. Therefore, the court affirmed the district court's grant of summary judgment for Illinois Union. View "Gateway Residences at Exchange, LLC v. Illinois Union Insurance Co." on Justia Law