Court properly granted summary judgment for Defendant insurer of concrete subcontractor, and denied cross-motion for summary judgment filed by Plaintiff insurer of carpentry subcontractor, in declaratory judgment action involving coverage for worker injured at construction site.16-month delay, from time that injured worker filed underlying action against construction company to when Plaintiff insurer received actual notice of suit and its counsel filed appearance on behalf of its insured, was unreasonable as a matter of law. Construction company (Defendant in underlying suit) tendered notice to other insurers within 1 month after their insureds were named as Defendants in underlying case. Judicial estoppel applies to statements of fact and not to legal opinions or conclusions. As construction company's untimely notice barred coverage under Defendant insurer policy, Plaintiff insurer was not entitled to seek contribution from Defendant insurer for the $1 million that it paid in settling underlying action. (LIU and CONNORS, concurring.)
Illinois Appellate Court
Civil Court
Insurance