Pekin Ins. Co. v. Johnson-Downs Construction Inc.
2017 IL App (3d) 160601 (Ill. App., 2017)
Words & Phrases
Declaratory Judgment: Timing
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.
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.