Pekin Ins. Co. v. Johnson-Downs Construction Inc.

2017 IL App (3d) 160601 (Ill. App., 2017)

Words & Phrases

Declaratory Judgment: Timing

Trial Judge

John Anderson

Appellate Judge

McDade

Holding

Declaratory judgment action can proceed to resolution prior to conclusion of underlying suit where it will not determine any ultimate fact involved in the underlying suit.

Fact Summary

In determining insurer’s duty to defend additional insured, court may not consider the additional insured’s self-serving third party complaint against the named insured.

 

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