Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

After a fire at a discount mall, the insurer declined to defend negligence suits by tenants and sought a declaration that the losses fell within a policy exclusion for damage to "property in the care, custody, or control of the insured" because the mall was closed at the time of the fire and tenants did not have access. The district court entered an order to allow the insurer to appeal. The Seventh Circuit dismissed for lack of jurisdiction. That the trial magistrate and parties referred to a final Rule 54(b) order does not make it so; there are numerous other claims pending, such as duty to indemnify and bad faith, the resolution of which is tied to the duty to defend issue.