EAST ST. LOUIS — An insurance carrier for Southwestern Illinois College (SWIC) is seeking reimbursement from a co-insurer in the settlement of a rape case.
Arch Insurance Company filed a complaint May 3 in the U.S. District Court for the Southern District of Illinois East St. Louis Division against Catlin Indemnity Company, alleging failure to defend and indemnify.
According to the complaint, Arch "advised" Catlin on June 20, 2020, of an upcoming mediation in the case Peggy Kachadorian v. Metro-East Transit District of St. Clair County, doing business as St. Clair County Transit District. According to Arch's complaint, the case involved Kachadorian seeking damages for her rape that occurred on a bus tied to SWIC, due to SWIC's contract with Metro-East Transit District. Arch claims SWIC holds a commercial general liability policy and that it provided a defense to SWIC in the case. The rape suit allegedly resulted in an $865,000 settlement with Arch paying $75,000 on behalf of SWIC. Arch claims it is entitled to reimbursement from SWIC's co-insurer, Catlin, and that Catlin has refused to pay its "proportionate share."
Arch seeks monetary and all other proper relief. They are represented by John Lynch, Jr., and Jonathon Ibarra of Cremer, Spina, Shaughnessy, Jansen & Siegert LLC in Chicago.
U.S. District Court for the Southern District of Illinois East St. Louis Division case number 2021-CV-444