Mt. Hawley Insurance Company v. Certain Underwriters at Lloyd’s, London

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2014 IL App (1st) 133931
Decision Date: 
Tuesday, September 9, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
LIU
Insurer filed declaratory judgment action against another insurer (Underwriters) alleging that it owed duty to defend and indemnify Defendants in personal injury suit at construction site. Underwriters wrongfully rejected tender of defense by its insured, and because it asserted a policy defense, it is estopped from asserting other defenses regarding scope of coverage. (HARRIS and PIERCE, concurring.)