The parties seem to agree that if Illinois law were to apply in this case the insurance companies would have to provide coverage. Illinois law does not distinguish between legal and equitable damages when determining coverage under a comprehensive general liability policy. There, the all-risk policy covered six different states. The policy was delivered in Illinois. Lapham-Hickey is an Illinois corporation.
Protection is licensed to do business in Illinois.
The only connection Minnesota had to the lawsuit was that the polluted site was located there. The policy was silent on choice of law for resolving coverage disputes, although it did contain two very specific and limited situations where the location of the property would determine the law to be applied. In fact, the Supreme Court in Lapham-Hickey never mentioned the Restatement. 166 Ill. 2d at 527. The factual similarities between Lapham-Hickey and this case are striking.