Pekin Insurance Company v. Equilon Enterprises LLC

2012 IL App (1st) 111529 (Ill. App., 2012)

Words & Phrases

Duty To Defend: Additional Insured

Trial Judge

Michael B. Hyman

Appellate Judge

Rodolfo Garcia

Holding

Additional insured entitled to defense under endorsement limiting coverage to vicarious liability.

Fact Summary

A customer at a Shell gas station was injured in an explosion that resulted from lighting a cigarette.  He filed a lawsuit asserting separate claims of negligence against the gas station and franchisor of the gas station.  The alleged acts of negligence were identical and each count alleged that the party against whom the count was asserted “owned, operated and controlled the premises.”  Pekin filed declaratory judgment action arguing, among other things, that the franchisor was not covered as an additional insured under the vicarious liability endorsement because no vicarious liability was alleged in underlying complaint.  Trial court rejected Pekin’s assertions and held that Pekin had a duty to defend the franchisor. 

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