Core Construction Services of Illinois Inc. v. Zurich American Insurance Co.

Illinois Appellate Court
Civil Court
Duty to Defend
Citation
Case Number: 
2019 IL App (4th) 180411
Decision Date: 
Friday, April 12, 2019
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Reversed and remanded.
Justice: 
STEIGMANN

Employee of subcontractor was injured on the job. Defendant insurer of subcontractor named general contractor and company hiring it to do construction project at its facility as additional insureds. Insurer has a duty to defend general contractor in the underlying lawsuit for injuries, because there is the potential that subcontractor's acts or omissions caused employee's injuries. The silence in underlying complaint as to subcontractor's possible negligence is the possible result of tort immunity for employers, and is not a basis for insurer to refuse to defend general contractor. (TURNER and CAVANAGH, concurring.)