Illinois Emcasco Ins. Co. v. Waukegan Steel Sales, Inc.

2013 IL App (1st) 120735 (Ill. App., 2013)

Words & Phrases

Duty To Defend: Additional Insured

Trial Judge

Hon. Sophia Hall

Appellate Judge

Justice Taylor

Holding

Insurer had duty to defend additional insured under blanket additional insured endorsement limited to vicarious liability.

Fact Summary

 

In a declaratory judgment action seeking a determination that plaintiff insurer was not obligated to defend defendant steel company as an additional insured under the policy obtained by a subcontractor in an underlying action for the injuries suffered by one of the subcontractor’s employees, the trial court properly entered summary judgment for the steel company, since an examination of the subcontract showed that the parties intended that the steel company would be potentially exposed to vicarious liability that would be covered under the subcontractor’s policy, and the third-party complaints in the underlying action alleged that the subcontractor’s negligence was the cause of its employee’s injuries, thereby raising the possibility that the steel company was vicariously liable for that negligence.

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