(Court opinion corrected 4/11/19.) Insurer owed its CGL insured, a carpentry subcontractor, a duty to defend in the underlying construction litigation. Claims against insured were within, or potentially within, insurer's policy coverage, entitling the subcontractor to a defense from insurer. When an underlying complaint alleges that a subcontractor's negligence caused something to occur to a part of the construction project outside of the subcontractor's scope of work, this alleges an occurrence under this CGL policy language, notwithstanding that it would not be an occurrence from a general contractor or developer's perspective. Subcontractor's other CGL insurer is thus entitled to equitable contribution from it for undertaking the subcontractor's defense. Remanded to allow other insurer to prove up the amount of contribution to which it is entitled.(PIERCE and WALKER, concurring.)
Illinois Appellate Court
Civil Court
Duty to Defend