Caterpillar Inc. v. Century Indemnity Co.

2019 IL App (3d) 190032 (Ill. App., 2019)

Words & Phrases

Arbitration

Trial Judge

Katherine S. Gorman Hubler

Appellate Judge

Wright

Holding

Insurer’s course of action in pending litigation was not inconsistent with its right to demand arbitration.

Fact Summary

Appellant, Caterpillar Inc. (Caterpillar), brought a complaint for declaratory judgment, breach of contract, and other relief against appellee, Employers Insurance Company of Wausau (Wausau),  among  others,  seeking  an  order  from  the  trial  court  declaring  Wausau  was contractually required to pay or indemnify Caterpillar for the costs incurred while defending itself against personal injury claims arising from welding fumes. The trial court, pursuant to the parties’ 1999 settlement and partial policy release agreement (1999 Agreement), granted Wausau’s request to stay this litigation and compelled the parties to comply with the agreed dispute resolution procedure contained in section 7 of the 1999 Agreement. Caterpillar appeals.

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