Insurance Coverage Triggers
What “Bodily Injury” Means in Insurance Law
Illinois courts apply a strict physical injury standard when interpreting insurance policy language. The state’s precedent requires actual physical harm—not emotional or psychological trauma—to trigger coverage duties under standard commercial general liability policies.
Burden of Proof: McDonald’s needed to demonstrate that Acuña’s claims fell within the policy’s “bodily injury” definition. The insurer’s duty to defend typically kicks in when allegations could potentially trigger coverage, even if ultimately meritless.
Procedural Posture: This summary judgment ruling means no material facts remain in dispute—the judge determined that even accepting all of McDonald’s arguments as true, the law doesn’t support coverage.
Judge Hunt noted that Seventh Circuit precedent also “does not support” McDonald’s position that psychological trauma from witnessing violence constitutes bodily injury under insurance policies.
