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West Bend Mutual Insurance Company v. Mulligan Masonry Company, Inc.

337 Ill.App.3d 698, 786 N.E.2d 1078, 337 Ill. Dec. 698 (2nd dist. 2003)

Words & Phrases

Duty To Defend: Contractual Indemnity

Trial Judge


Appellate Judge



Waiver of Kotecki cap in indemnity provision of construction contract constitutes an assumption of liability under the “insured contract” exception to the contractual and employer’s liability exclusions of CGL policy, requiring insurer to defend third party claim by general contractor against subcontractor for injury to subcontractor’s employee.