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07/10/97 AMERICAN STATES INSURANCE COMPANY v.

July 10, 1997

AMERICAN STATES INSURANCE COMPANY, PLAINTIFF-APPELLANT,
v.
LIBERTY MUTUAL INSURANCE COMPANY, TURNER CONSTRUCTION COMPANY, DEFENDANTS-APPELLEES, JAMIE NAVARRETE, AND LETICIA NAVARRETE, DEFENDANTS.



APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. HONORABLE EDWIN M. BERMAN, JUDGE PRESIDING.

Released for Publication August 21, 1997.

Presiding Justice Wolfson delivered the opinion of the court. Cerda and Burke, JJ., concur.

The opinion of the court was delivered by: Wolfson

PRESIDING JUSTICE WOLFSON delivered the opinion of the court:

American States sued Liberty Mutual, seeking contribution of defense costs arising from an underlying suit. Liberty Mutual moved for summary judgment, claiming that it did not have a duty to defend the underlying action. The trial court granted Liberty Mutual's motion for summary judgment. American States appeals. We affirm.

FACTS

The plaintiff-appellant in this case is American States Insurance Company (American States). The defendants below were Liberty Mutual Insurance Company (Liberty Mutual), Turner Construction Company (Turner), Jamie Navarrete (Jamie), and Leticia Navarrete (Leticia) (collectively the Navarretes). The Navarretes are married. Liberty Mutual and Turner are the defendants-appellees, collectively "Liberty Mutual."

Turner was the general contractor for the construction of a building at 1725 West Harrison in Chicago, Illinois. The building is part of the Rush-Presbyterian-St. Luke's medical center. Fisher, Albright and Masters (Fisher) was a subcontractor on the project. Jamie Navarrete was one of Fisher's employees.

On June 27, 1991, Jamie was injured at the job site. The Navarretes sued Turner in the Law Division of the Circuit Court of Cook County on September 8, 1992. According to the complaint, Jamie hurt his back while lifting heavy supplies through a fourth floor window. Allegedly, there had been no other way to get those supplies to that part of the site.

Jamie claimed that he was injured because Turner had violated the Structural Work Act and because Turner had been negligent. Leticia claimed loss of consortium.

American States issued a policy to Fisher (American policy). That policy contained a clause which read:

"WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule [Turner] but only with respect to liability arising out of 'your work' for that insured by or for you."

Under the policy, "your work" is:

"a. Work or operations performed by you or on your behalf; and

b. Materials, parts or equipment furnished in connection with such work or operations."

The American policy included this ...


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