Pekin Insurance Company v. Pulte Home Coporation 

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
No. 1-09-1708
Decision Date: 
Wednesday, August 25, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 3rd Div.
Holding: 
Affirmed.
Justice: 
QUINN
Insurer filed declaratory judgment action as to its coverage; general contracctor had tendered its defense to insurer, which had issued policy to sewer subcontractor which named general contractor as additional insured. Injuries sustained by Commonwealth Edison worker who was injured when he fell into unguarded sewer manhole at home construction site. Sewer subcontractor could be found solely liable to worker for his injuries, and thus any liability attributed to general contractor would arise solely as a result of the acts or omissions of the named insured, and in that case the general contractor would be an additional insured under the terms of the endorsement to the insurance policy. To determine parties' intent, court looked to language of subcontract agreement and insurance policy. (MURPHY and STEELE, concurring.)