Related Claim Provision Bars Coverage For Discrimination Claims Asserted Over A Six-Year Period

Applying Illinois law, the First District Appellate Court of Illinois has held that a related wrongful acts provision barred coverage for a series of "claims" made over the course of six years because the claims—as the insured conceded—arose out of the same claim. Steadfast Ins. Co. v. State Parkway Condo. Ass'n, 2023 WL 4105252 (Il. App. Ct. June 21, 2023).

In January 2007, a condominium owner lodged a complaint with the Illinois Department of Human Rights ("IDHR") alleging that his condominium association failed to make reasonable accommodations for his hearing impairment at a board meeting. The primary insurer defended the insured condo association under a full reservation of rights under the claims-made policy it issued for the 2006-2007 policy period, and the complaint was eventually settled in September of that year.