Employee of landscaping company was injured at construction site and sued construction company for construction negligence. Insurer filed declaratory judgment action claiming it had no duty to defend construction company as an additional insured under policy of landscaping company. Factual allegations in amended complaint state vicarious liability claim that falls within coverage of policy, and thus, injured worker's amended complaint was not an improper or unsupported attempt to plead into coverage. Court may consider amended complaint in its duty to defend determination, but must not consider construction company's 3rd-party complaint in that determination. Declaratory judgment action can proceed to resolution prior to conclusion of underlying suit. (CARTER and O'BRIEN, concurring.)
Illinois Appellate Court
Civil Court
Duty to Defend