Atlantic Casualty Ins. Co. v. Pazko Masonry, Inc.

Federal 7th Circuit Court
Civil Court
Case Number: 
Nos. 12-2405 & 12-2485 Cons.
Decision Date: 
June 7, 2013
Federal District: 
N.D. Ill., E. Div.
Reversed and remanded
Dist. Ct. erred in granting plaintiff-insurance company’s motion for summary judgment in action seeking declaration that it owed no duty to defend under general commercial liability policy four construction companies, which were sued for personal injuries incurred by individual who was demonstrating certain caulking skills at construction site shortly before individual’s employer signed contract with general contractor to provide said caulking services at work site. While Dist. Ct. found that “contractor” exclusion to coverage applied because injured individual was employee of subcontractor at time of accident, Ct. of Appeals found exclusion did not apply since language in exclusion was ambiguous where phrase “providing materials or services of any kind” could be interpreted as triggering exclusion only when injury occurred at time compensated services were being done.