Both motions for partial summary judgment and motions for judgment on the pleadings on purely legal challenges are reviewed de novo. See Sinclair Oil Corp. v. Allianz Underwriters Insurance Co., 2015 IL App (5th) 140069, ¶ 34, 396 Ill.Dec. 21, 39 N.E.3d 570 ; Warren County Soil & Water Conservation District v. Walters, 2015 IL 117783, ¶¶ 45–47, 392 Ill.Dec. 523, 32 N.E.3d 1099. ¶ 15 "A confirmed plan of reorganization is in effect a contract between the parties and the terms of the plan describe their rights and obligations."
Thus, the policies provide insurance for covered “property damage, ” which is subject to a per-occurrence limit, unless the property damage is encompassed by one of the three subparagraphs above, in which case it is also subject to an aggregate limit. E.g., Sinclair Oil Corp. v. Allianz Underwriters Ins. Co., 39 N.E.3d 570, 583 (Ill.App.Ct. 2015) (interpreting the same limits of liability provisions and concluding that “only certain types of claims are subject to an aggregate limit under the policy”)
We review de novo the granting of a motion for partial summary judgment. Sinclair Oil Corp. v. Allianz Underwriters Insurance Co., 2015 IL App (5th) 140069, ¶ 34.
¶ 44 A trial court's decision to grant a motion for partial summary judgment is reviewed de novo. Sinclair Oil Corp. v. Allianz Underwriters Insurance Co., 2015 IL App (5th) 140069, ¶ 34. Generally, we review a court's decision on a motion in limine for an abuse of discretion.
¶ 37 Tender is a concept drawn from insurance cases. An insurer's duty to defend an insured is triggered (1) when the insured tenders the defense of an action that is potentially within the scope of coverage ( Certain Underwriters at Lloyd's, London v. Central Mutual Insurance Co. , 2014 IL App (1st) 133145, ¶ 20, 382 Ill.Dec. 483, 12 N.E.3d 762 ) or (2) when the insurer has " ‘actual notice’ " of such a claim, even without a formal tender ( Sinclair Oil Corp. v. Allianz Underwriters Insurance Co. , 2015 IL App (5th) 140069, ¶ 51, 396 Ill.Dec. 21, 39 N.E.3d 570 (citing Cincinnati Cos. v. West American Insurance Co. , 183 Ill. 2d 317, 328, 233 Ill.Dec. 649, 701 N.E.2d 499 (1998) ) ). Tendering a defense, in this context, means asking the insurer for assistance in defending the suit. Cincinnati Cos. , 183 Ill. 2d at 321, 233 Ill.Dec. 649, 701 N.E.2d 499. Belhaven is not an insurer, and Guadalupe is not seeking defense and indemnity under the terms of an insurance policy.
Thus, exhaustion of the underlying insurance is a threshold issue before determining whether an excess insurer has a duty to defend. Id. at 114-15; see also Sinclair Oil Corp. v. Allianz Underwriters Insurance Co., 2015 IL App (5th) 140069, ¶ 50.¶ 35 The Arch policy states that exhaustion of the underlying policy occurs "solely as a result of actual payment in legal currency.