Illinois Emcasco Insurance Company v. Waukegan Steel Sales, Inc.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 120735
Decision Date: 
September 13, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
TAYLOR
Holding: 
Affirmed.
Insurer filed declaratory judgment action for declaration that it had no duty to defend company in underlying personal injury suit filed by employee of subcontractor. Employee fell at construction site, alleging that insured company failed to properly maintain proper fall protection. Court properly found insurer had a duty to defend, as third-party complaints raise potential for vicarious liability of insured. Court may examine evidence beyond underlying complaint, such as third-party complaints, as long as court does not determine an issue critical to underlying action. (GORDON and McBRIDE, concurring.)