Pekin Insurance Co. v. Centex Homes

(Court opinion corrected 3/2/17.) Employee was injured while working on construction of building owned by 2 Defendants. Employee of construction company filed underlying personal injury suit against both Defendants, who tendered defense to insurer who had issued commercial general liability policy to employer. One Defendant, but not the other, is an additional insured under policy, and insurer does have a duty to defend that Defendant in underlying suit, as there is a potential that this Defendant, because it retained sufficient operative control of element of construction at issue, would be vicariously liable for negligence by construction company. (HARRIS and SIMON, concurring.)