Konstant Products, Inc. v. Liberty Mutual Fire Insurance Co. 

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
No. 1-09-0080
Decision Date: 
Tuesday, May 4, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 2nd Div.
Holding: 
Affirmed.
Justice: 
KARNEZIS
Original verified complaint alleged that injured truck driver did not give Defendant, who attempted to free driver from being pinned against truck but accidentally drove truck forward and into him, permission to drive the truck. Allegation of not giving permission was judicial admission binding on driver and on carrier of driver's employer as to its duty to defend, even though that allegation did not appear in amended complaint, as duty to defend is defined by allegations within four corners of complaint .