Pekin Insurance Company v. AAA-1 Masonry & Tuckpointing, Inc.

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2017 IL App (1st) 160200
Decision Date: 
Friday, May 19, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
HALL

Insurance coverage dispute involving personal injury action filed against Defendants. Plaintiff insurer filed initial declaratory action seeking declaration that it owed no duty to defend Defendant AAA in underlying PI suit. Another insurer intervened in declaratory action and filed counterclaim seeking declaration that other insurer has a duty to defend  AAA, and that it owed it reimbursement for costs it incurred in defending AAA.  Underlying complaint, when read in conjunction with Plaintiff insurer's claim note and terms of Subcontract, create possibility that  AAA could be found liable for injuries based on named insured's negligence. Thus, Plaintiff insurer's duty to defend AAA under additional insured endorsement was triggered. (GORDON and LAMPKIN, concurring.)