Nautilus Insurance Co. v. Bee Quality Inc.

Plaintiff filed a lawsuit seeking a declaratory judgment that it did not owe the defendant a duty to defend or indemnify in an underlying case involving the wrongful death of two individuals in a building accident. Defendant, a roofing contractor, was named as a defendant in the underlying case for alleged negligence in repairing the building structure. The district court granted plaintiff’s motion for summary judgment and defendant appealed. The Seventh Circuit affirmed, finding that the prior work exclusion contained in the policy removed coverage for bodily injury arising out of the incidents that gave rise to the underlying lawsuit. (RIPPLE and KOLAR, concurring)