Illinois Appellate Court
Civil Court
Duty to Defend
Court found insurer had no duty to defendant Plaintiff construction company in underlying action filed by employee of its subcontractor, which had procured insurance coverage with insurer on company's behalf. Court found that policy excluded bodily injury to subcontractor's employees. As injured plaintiff in underlying action was employee of subcontractor, the broad employee exclusion applied, negating any duty of insurer to defend subcontractor in underlying action.(FITZGERALD SMITH and HOWSE, concurring.)