Insured, a company which entered into contract with Toll Highway Authority for construction on Tri-State Tollway; and insured entered into subcontract with traffic safety company. filed declaratory judgment complaint against its insurer, seeking declaration that insurer owed it a duty to defend and indemnify in an underlying wrongful death case for fatal crash involving employee of a subcontractor on construction project. Court properly dismissed with prejudice the counts of insured's complaint relating to its duty to defend. Court properly denied Defendant's amended motion to reconsider, arguing for the first time that it should be allowed leave to replead, as Defendant did not propose amendment until after final judgment, and did not propose any facts to establish viable cause of action. Insured failed to show it suffered any prejudice from insurer's actions, and thus the "mend the hold" doctrine does not apply. (GORDON and LAMPKIN, concurring.)
Illinois Appellate Court
Civil Court
Insurance