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16-089 - EMMIS COMMUNICATIONS CORPORATION v. ILLINOIS NATIONAL INSURANCE COMPANY


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16-089 - EMMIS COMMUNICATIONS CORPORATION v. ILLINOIS NATIONAL INSURANCE COMPANY
March 21, 2018
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ENTRY ON MOTIONS FOR SUMMARY JUDGMENT - This cause is before the Court on the Defendant's motion for summary judgment (Dkt. No. 53) and the Plaintiff's motion for partial summary judgment (Dkt. No. 59). The motions are fully briefed, and the Court, being duly advised, GRANTS IN PART AND DENIES IN PART the Defendant's motion and GRANTS the Plaintiff's motion for the reasons set forth below. The Court also DENIES the Plaintiff's motion for oral argument (Dkt. No. 63). For the reasons set forth in this Entry, INIC's motion for summary judgment is GRANTED with regard to Emmis's breach of the duty of good faith and fair dealing claim and DENIED with regard to Emmis's breach of contract claim. Emmis's motion for partial summary judgment is GRANTED. Emmis is entitled to coverage under the INIC Policy for its defense costs in the COF Suit. As Emmis has only moved for judgment on the issue of liability on the breach of contract claim, the parties shall confer and file a joint notice within 28 days of the date of this Entry setting forth how they wish to proceed to resolve this case. (See Entry). Signed by Judge William T. Lawrence on 3/21/2018. (APD)