Appeal arising out of a declaratory judgment filed by the plaintiff insurance company seeking a declaration that defendant was not an “additional insured” under a commercial general liability policy and that plaintiff did not have a duty to defend or indemnify defendant in an underlying personal injury lawsuit. The parties filed cross-motions for summary judgment. The trial court found that the defendant was an additional insured and that the insurance company had a duty to defend. The trial court did not make any decision on the issue of indemnification by finding that it was not yet ripe for decision. Plaintiff appealed and defendant moved to dismiss the appeal, arguing that the trial court order was non-appealable because it did not dispose of all claims against all parties and there had been no SCR 304(a) finding. The motion was denied by the appellate court, but defendant raised the issue again in its brief. In its written opinion, the appellate court, which was not bound by the court's prior denial of the motion to dismiss, agreed that the order was not final and appealable and dismissed the appeal. (GORDON and BURKE, concurring)
Illinois Appellate Court
Civil Court
Appellate Jurisdiction