Pekin Insurance Company v. Designed Equipment Acquisition Corporation

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2016 IL App (1st) 151689
Decision Date: 
Monday, September 12, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
CONNORS

Declaratory judgment action filed in insurance policy coverage dispute. Restoration company entered into rental agreement with equipment company, where equipment company leased scaffolding materials to restoration company. Plaintiff insurer provided commercial general liability to restoration company,  which included endorsements and exclusions. Employee of restoration company was injured on 2 occasions at jobsite, and filed 2 personal injury suits against equipment company. Court properly entered summary judgment in favor of Plaintiff insurer, as policy had an additional insured endorsement that would not cover rental contract at issue. The indemnity provision of lease between 2 companies is an insured contract. Construction Contract Indemnification for Negligence Act applies, as lease agreement involves work dealing with construction. (CUNNINGHAM and HARRIS, concurring.)