Pekin Insurance Company v. Equilon Enterprises LLC

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 111529
Decision Date: 
November 9, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Justice: 
GARCIA
Holding: 
Affirmed.
Underlying personal injury suit filed for explosion at gas station which occurred when Plaintiff lit a cigarette behind station while truck delivered gasoline to underground tanks of the station. Two endorsements in policy, when read together, are ambiguous, especially endorsement purporting to limit coverage to vicarious liability. Thus, insurer did not demonstrate that allegations of underlying complaint do not bring case potentially within policy coverage. (HALL, concurring; GORDON, specially concurring.)