Vivify Constr., LLC v. Nautilus Ins. Co.

2017 IL App (1st) 170192 (Ill. App., 2017)

Words & Phrases

Exclusions: Employee

Trial Judge

Kathleen M. Pantle

Appellate Judge

Lavin

Holding

No duty to defend general contractor added as additional insured to subcontractor’s policy against suit by subcontractor’s employee.

Fact Summary

 

Additional Words & Phrases - Duty To Defend:  Additional Insured

This appeal arises from the trial court’s order entered against Vivify Construction, LLC (Vivify), and in favor of Nautilus Insurance Co. (Nautilus) with respect to the parties’ cross-motions for judgment on the pleadings. The court found Nautilus had no duty to defend Vivify in the underlying action filed by an employee of its subcontractor, Victoria Metal Processor, Inc. (Victoria), which had procured insurance coverage with Nautilus on Vivify’s behalf. Specifically, the court found that the Nautilus policy excluded bodily injury to Victoria’s employees. On appeal, Vivify asserts that the trial court failed to give effect to the insurance policy’s separation of insureds provision and failed to consider the subcontract between Vivify and Victoria in interpreting the policy. We affirm the trial court’s judgment.

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