The crematory’s method of storing bodies and cremation were allegedly inconsistent with industry standards and outside of the contractual time period. (Credit: Syda Productions/Adobe Stock)
An insurance company recently filed suit in the U.S. District Court of Northern Illinois for a declaratory judgment that it has no duty to defend or indemnify a crematorium accused of improperly storing more than 100 bodies between 2020 and 2025.
Heights Crematory in Chicago Heights was accused earlier this year of mishandling the bodies of people who had recently died. An investigation by the Illinois Comptroller’s office began in February. The bodies entrusted to Heights were allegedly stored in a trailer on the property, with CBS News Chicago reporting it had obtained photos from inside the trailer they claimed show “deceased people partially wrapped in sheets or clear plastic bags, with their faces and body parts sticking out.”
In response to these accusations, Illinois officials shut down Heights Crematory, and many families of the affected deceased filed suit against the company.
The crematory’s business insurer, West Bend Insurance Company, filed suit on August 22, saying it has no duty to provide business coverage for the crematory in this case.
The filing states, in part: “The Underlying Actions allege negligence and outrage against Heights, alleging that Heights’ conduct in failing to properly, timely, and respectfully dispose of the bodies was negligent, outrageous, and in violation of Indiana and Illinois statutes and regulations.”
The crematory’s methods of storing bodies and cremation were allegedly inconsistent with industry standards and outside of the contractual time period, which led several family members of the deceased to wonder whether the remains they received actually belonged to their loved ones.
West Bend argues that because the people suing the crematory were seeking relief for emotional distress and trauma, the underlying actions of the crematory do not allege bodily injury or property damage as those terms are defined in its policy.
The suit notes: “Because the Underlying Actions do not allege that the Underlying Plaintiffs’ alleged injury has been caused by an “occurrence”, as that term is defined by the Policy, the Businessowners Business Liability coverage form does not provide coverage to Heights for the claims alleged in the Underlying Actions.”
West Bend is seeking a declaratory judgment that it does not owe Heights Crematory insurance coverage for these alleged actions.
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