Mt. Hawley Insurance Company v. Robinette Demoltion, Inc.

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (1st) 112847
Decision Date: 
Friday, July 26, 2013
1st Dist.
Cook Co., 6th Div.
Reversed and remanded with directions.
Insurer filed declaratory judgment action, seeking declaration that it did not owe duty to defend and indemnify demolition company and construction company in personal injury suit filed by employee of demolition company's subcontractors. Named insured (subcontractor) failed to comply with its duty to notify incident to insurer, but that failure does not bar coverage for additional insureds who have complied with their duty under policy notice provision, and no policy language makes coverage contingent on named insured's compliance with notice provision. Construed together, Agreement, work order and certificate of insurance satisfied policy requirement that written contract must require subcontractor to name other company as additional insured, and thus insurer must provide coverage for that company, as additional insured.(REYES, concurring; GORDON, dissenting.)