Applying Illinois state law, the Appellate Court of Illinois has
held that two lawsuits against insureds did not allege Related
Wrongful Acts sufficient to render the two lawsuits a single,
related claim under the D&O insurance policy at issue.
Chicago Rest. Mgmt. Grp., LLC v. Great Am. Ins. Co.,
No.1-23-2353, 2025 IL App (1st) 232353 (Ill. App. Ct. Mar. 5,
2025).
In July 2017, the insurer issued a one-year D&O insurance
policy covering the two owners of a company, which was renewed in
July2018. In April 2018, during the first policy period, four
investors in the company filed a lawsuit against the owners seeking
declaratory relief for access to the company's corporate books
and records. The owners did not report that action to the insurer
during the first policy period.
