Pekin Insurance Company v. Roszak/ADC

Ironworker was injured on construction site when load of structural steel escaped its rigging and struck her. Defendant Roszak hired Rockford Ornamental as a subcontractor, which in turn hired injured ironworker's employer as a subcontractor. Terms of additional insured endorsement on Rockford's policy exclude Roszak from coverage; thus, Rockford's CGL insurer has no duty to defend Roszak. In determining coverage, although complaint is to liberally construed in favor of insured, court is limited to the words of the underlying complaint. Ironworker's personal injury suit did not allege that Roszak was vicariously liable for the negligent acts or omissions of another, nor that Roszak retained sufficient control over details of Rockford's work so as to be vicariously liable for its acts or omissions. (CAHILL and J. GORDON, concurring.)