Pekin Insurance Company v. Lexington Station, LLC

Illinois Appellate Court
Civil Court
Duty to Defend
Citation
Case Number: 
2017 IL App (1st) 163284
Decision Date: 
Monday, August 14, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
MIKVA

Insurer filed declaratory judgment action seeking declaration that it had no duty to defend company as an additional insured under the policy issued to construction company.  PI suit filed by carpenter, who was injured while working as employee of insured construction company on a development project owned by company who employee named as defendant in that PI suit. "Boilerplate" facts and allegations indicate that additional insured could potentially be found liable for negligence of named insured. The possibility of the additional insured's vicarious liability for insured's negligence brings action within broad duty to defend. Even if finding of vicarious liability is unlikely, it is a potentiality.(CONNORS and HARRIS, concurring.)