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West Bend Mut. Ins. Co. v. Athens Construction Co.

2015 IL App (1st) 140006 (Ill. App., 2015)

Words & Phrases

Duty To Defend: Additional Insured

Trial Judge

Hon. Peter Flynn

Appellate Judge

Justice Connors


General contractor was not additional insured on subcontractor’s policy because agreement between GC and SC did not require SC to name GC as additional insured on SC's CGL policy.

Fact Summary

Athens Construction Co., Inc. and its insurer, intervening plaintiff Harleysville Lake States Insurance Company appealed an order of the circuit court that granted summary judgment to plaintiff West Bend Mutual Insurance Company and against Athens and Harleysville.  On appeal, Athens and Harleysville contend that the court erred in finding that the written agreement between Athens and a subcontractor did not require the subcontractor to name Athens as an additional insured on the subcontractor's commercial general liability (CGL) policy with West Bend. The appellate court affirmed.