Plumbing company, which was hired by cement company to install a trash pump, obtained insurance policy from Plaintiff insurer, which listed cement company as an additional insured for any vicarious liability attrributable to cement company due to plumbing company's negligence. Court properly found that Plaintiff insurer had no duty to defend cement company as an additional insured in negligence action filed by plumbing company's employee, because underlying suit alleged only direct negligence by cement company, and did not allege any negligent act by plumbing company. Court properly refused to consider cement company's third-party complaint to create a duty for insurer to defend it based on vicarious liability. (CARTER and HOLDRIDGE, concurring.)
Illinois Appellate Court
Civil Court
Insurance