Dist. Ct. did not err in granting plaintiff-insurance company’s motion for judgment on pleadings in action seeking declaration that it owed no duty to defend or indemnify its insured (fireworks company) in underlying action by two individuals who incurred injuries when fireworks manufactured by insured prematurely ignited while said individuals were volunteering for July 4th fireworks displays. Record showed that policy in question excluded coverage for injuries sustained by fireworks shooters hired to perform fireworks displays or other persons assisting or aiding in displays of fireworks regardless of whether said individuals are employed by insured, any shooter or assistant. Ct. of Appeals, in affirming Dist. Ct., found that said exclusion applied to all volunteers and rejected insured’s argument that exclusion did not apply to instant individuals because there were no hired persons at either fireworks event.
Federal 7th Circuit Court
Civil Court