Pekin Insurance Co. v. Centex Homes

Illinois Appellate Court
Civil Court
Duty to Defend
Case Number: 
2017 IL App (1st) 153601
Decision Date: 
Tuesday, February 21, 2017
1st Dist.
Cook Co., 1st Div.
Affirmed in part and reversed in part; remanded with directions.

(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.)