Pekin Ins. Co. v. AAA-1 Masonry & Tuckpointing, Inc.

2017 IL App (1st) 160200 (Ill. App., 2017)

Words & Phrases

Duty To Defend: Additional Insured

Trial Judge

Moshe Jacobius

Appellate Judge

Hall

Holding

Insurer had duty to defend additional insured where complaint, read in conjunction with subcontract, showed potential for additional insured to be liable based on the named insured's negligence.

Fact Summary

This appeal arises out of an insurance coverage dispute involving a personal injury action (Underlying Suit) filed on September 16, 2013, by Emil Piekutowski against defendants AAA-1 Masonry & Tuckpointing, Inc. (AAA), Chicago Scaffolding, Inc. (CSI), Lakeshore Land Ventures LLC, Hilco Management, Inc., and Hilco Realty Management, Inc. Piekutowski v. AAA-1 Masonry & Tuckpointing, No. 13-L-10341 (Cir. Ct. Cook Co.). Plaintiff, Pekin Insurance Company (Pekin) filed its initial declaratory action against AAA seeking a declaration that it owed no duty to defend AAA in the Underlying Suit. Subsequently, intervenor, Scottsdale Insurance Company (Scottsdale), intervened in the declaratory action and filed a counterclaim seeking a declaration from the circuit court that (1) Pekin has a duty to defend AAA in the Underlying Suit pursuant to the policy entered into between Pekin and its named insured Alpha 1 Construction Inc. (Alpha), whereby AAA was named an additional insured and (2) that Pekin owed Scottsdale reimbursement for costs incurred defending AAA. The parties submitted cross-motions for summary judgment, and the circuit court entered judgment in favor of Scottsdale on both counts on December 22, 2015. On January 21, 2016, the circuit court granted Pekin’s motion for a finding pursuant to Rule 304(a) of the Illinois Supreme Court Rules (Ill. S. Ct. R. 304(a) (eff. Feb. 26, 2010)). As a result, Pekin filed its timely notice of appeal on January 21, 2016.

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