Pekin Insurance Co. v Illinois Cement Co.

2016 IL App (3d) 140469 (Ill. App., 2016)

Words & Phrases

Duty To Defend: Additional Insured

Trial Judge

Joseph Hettel

Appellate Judge

Wright

Holding

Insurer had no duty to defend additional insured where complaint only alleged direct liability for the additional insured's own negligence.

Fact Summary

Additional insured was covered only for its vicarious liability arising from the acts or omissions of the named insured.  Court need not consider the third-party complaint by the additional insured alleging negligence against the named insured where that third-party complaint was the self-serving and sole basis on which the additional insured could argue that it might have vicarious liability based on the named insured's negligence.

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