Mt. Hawley Insurance Co. v. Stone Development Group

Plaintiff filed a declaratory judgment action regarding its duty to indemnify its insured under a commercial general liability insurance policy and excess policy for any liability its insured incurred as a result of a construction site accident resulting in the death of a worker. The circuit court found that the decedent was an employee at the time of his death and that an employee exclusion contained in the policy precluded coverage. Defendant argued on appeal that this was against the manifest weight of the evidence. The appellate court affirmed, finding that the trial court’s finding was not against the manifest weight of the evidence. (LYLE and OCASIO, concurring)