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01/05/95 J.A. JONES CONSTRUCTION COMPANY v.

January 5, 1995

J.A. JONES CONSTRUCTION COMPANY, A CORPORATION AND AETNA CASUALTY & SURETY COMPANY, A CORPORATION, PLAINTIFFS-APPELLEES
v.
HARTFORD FIRE INSURANCE COMPANY, DEFENDANT-APPELLANT



Appeal from the Circuit Court of Cook County. Honorable Walter B. Bieschke, Judge Presiding.

The Honorable Justice Cahill delivered the opinion of the court: Hoffman, P.j., and Johnson, J., concur.*

The opinion of the court was delivered by: Cahill

The Honorable Justice CAHILL delivered the opinion of the court:

Hartford Fire Insurance Company (Hartford) appeals a summary judgment for J.A. Jones Construction Company (Jones) in a declaratory judgment action. The trial court ruled that Hartford owed a duty to defend Jones in an underlying personal injury action. The court also ruled that Hartford was estopped from raising policy defenses.

We affirm the grant of summary judgment but reverse the finding of estoppel.

Jones was the general contractor for a construction project in Chicago. Jones contracted with PPG Industries, Inc. (PPG) to install a glass wall at the site. The contract required PPG to indemnify Jones for third party bodily injury and property damage claims "arising out of PPG's work." PPG's insurer, Hartford, provided Jones with certificates of insurance naming Jones as an additional insured.

John McGovern, an employee of PPG, was injured while working at the site and sued Jones for negligence. McGovern did not allege that his employer, PPG, was negligent. Jones and its insurer, Aetna, tendered the defense to Hartford based upon the insurance policy Hartford issued to PPG naming Jones as an additional insured. Hartford refused. Aetna defended Jones in the action by McGovern.

Jones and Aetna then filed this declaratory judgment action alleging that Hartford owed a duty to defend and indemnify Jones in the McGovern lawsuit. Jones moved for summary judgment arguing that it was an additional insured under the comprehensive general liability insurance policy Hartford issued to PPG. Hartford filed a cross motion for summary judgment arguing that their policy did not cover Jones for the incident involving McGovern. The trial court granted summary judgment for Jones. Hartford appeals.

This court reviews summary judgment orders de novo and may affirm the trial court's result on any basis the record permits. Uehara v. Schlade (1992), 236 Ill. App. 3d 252, 260, 603 N.E.2d 646, 177 Ill. Dec. 576.

Hartford argues on appeal that the policy does not cover Jones for the incident in which McGovern was injured. It cites in support two policy endorsements which relate to additional insureds. The first states:

"Name of Person or Organization (Additional Insured):

ALL OWNERS & CONTRACTORS REQUIRED BY SPECIFIC CONTRACT TO BE INCLUDED AS ADDITIONAL INSUREDS" (Emphasis added.)

The second states:

"WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization with whom you have agreed, because of a written contract or agreement, to provide insurance such as is afforded under this policy, but only with respect to your ...


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