West Bend Mutual Ins. Co. v Pulte Home Corp.
2015 IL App (1st) 140355-U (Ill. App., 2015)Words & Phrases
Exclusions: Named Insured's WorkTrial Judge
Diane LarsenAppellate Judge
RochfordHolding
Allegations of property damage to property other than insured's word were sufficient to trigger a duty to defend.Fact Summary
Pulte is a real estate developer, and had developed and constructed a residential condominium/townhome development known as "The Reserve of Elgin" (the Reserve). Handon and its successor, G.H. Siding, had been subcontracted by Pulte to perform work on Pulte's real estate developments between 2001 and 2006, including the installation of exterior siding on properties such as the Reserve. West Bend is an insurance company authorized to issue policies of insurance within this state, and had issued a series of Commercial General Liability (CGL) Polices to Handon and G.H. Siding covering the time period from November 17, 2003, to November 17, 2008.
The Reserve HOA, on behalf of the Association and the unit owners, filed an underlying complaint against both Pulte and James Hardie Building Products Inc. (Hardie), the company that manufactured the exterior siding installed at the Reserve. In the operative amended complaint, filed on May 4, 2012, the Reserve HOA generally alleges that Pulte "developed, designed, constructed and sold" the residential units and common areas of the Reserve development. In doing so, Pulte installed siding manufactured by Hardie on the exterior of the residential units and common areas. That siding was allegedly defective. In addition, the "exterior envelope" of the residential units and common areas designed and constructed by Pulte allegedly had defects in design and workmanship, including improper design of the gutter system and improper installation of the siding itself. The Reserve HOA generally alleges that all of these defects and failures had caused damages to the Reserve HOA and its residents.