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Mt. Hawley Insurance Company v. Robinette Demolition, Inc. and Valenti Construction LLC

2013 IL App (1st) 112847 (Ill. App., 2013)

Words & Phrases

Duty To Defend: Additional Insured

Trial Judge

Nancy J. Arnold

Appellate Judge

Justice Hall; Justice Gordon dissented.


Extrinsic evidence revealed intent to name additional insured by written contract.

Fact Summary



Construed togehter, the Agreement, the work order, and the certificate of insurance listing Valenti as an additional insured fulfilled the written contract requirement.

Parol and extrnic evidence are admissible because such evidence tends to merely identify what the contract is rather than to vary or change the terms of a contract."  USX Corp. v. Liberty Mutual, 269 Ill. App. 3d 233, 237 (1994).

The certificate provides an additional writing supporting a finding that the written agreement between Cobra and Robinette contemplated at a future time, Robinette would name other entities to be added as additional insureds.

Distinguished Clarendon America Ins. Co. v. Aargus Security, 374 Ill. App 3d 591 (2007) because language in certificate left the insurance obligations of both parties to the agreement undecided and did not indicate what insurance was required of either party.