Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Pekin Insurance Company v. Johnson-Downs Construction, Inc.

Court of Appeals of Illinois, Third District

July 6, 2017

PEKIN INSURANCE COMPANY, Plaintiff-Appellant,
v.
JOHNSON-DOWNS CONSTRUCTION, INC., an Illinois Corporation; CINCINNATI INSURANCE COMPANY, a Foreign Insurance Corporation; and JEFF BARNETT, Defendants-Appellees.

         Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois. Circuit No. 16-MR-962 The Honorable John Anderson, Judge, presiding.

          JUSTICE McDADE delivered the judgment of the court, with opinion. Justices Carter and O'Brien concurred in the judgment and opinion.

          OPINION

          McDADE, JUSTICE

         ¶ 1 Defendant Johnson-Downs Construction, Inc. (Johnson-Downs), entered into a construction contract with Art's Landscaping, Inc. (Art's). Jeff Barnett, an Art's employee, was injured at the site and sued Johnson-Downs for construction negligence. Pekin Insurance Company (Pekin) filed a declaratory judgment action in Will County circuit court claiming it did not have a duty to defend Johnson-Downs as an additional insured under Art's insurance policy. Johnson-Downs filed a motion to stay the action pending the resolution of the underlying case, which the trial court granted. Pekin appeals, arguing (1) the trial court's grant of the motion to stay was an abuse of discretion, (2) the trial court cannot consider Johnson-Downs's third amended complaint in its determination, and (3) the trial court cannot consider Barnett's amended complaint in its determination. We reverse and remand with directions.

         ¶ 2 FACTS

         ¶ 3 Defendant Johnson-Downs entered into a contract with Art's, in which Art's would perform work on the construction of an addition to the Riverside Hospital in Kankakee, Illinois. Section 13.4 of the contract stated that Art's was required to name Johnson-Downs as an additional insured on its liability insurance policy. Art's had an insurance policy through Pekin Insurance Company. The relevant portion of the policy regarding additional insured states:

"ADDITIONAL INSURED-
OWNERS, LESSEES OR CONTRACTORS-
WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. Section II-Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations, when you and such person or organization have agreed in a written contract effective during the policy period stated on the Declarations Page (hereinafter referred to as the 'Policy Period') and executed prior to the 'bodily injury' or 'property damage' for which coverage is sought, that you must add that person or organization as an additional insured on a policy of liability insurance (hereinafter referred to as the 'Additional Insured').
The Additional Insured is covered only with respect to vicarious liability for 'bodily injury' or 'property damage' imputed from You to the Additional Insured as a proximate result of your ongoing operations performed for that Additional Insured during the Policy Period." (Emphasis added.)

         ¶ 4 In October 2011, Jeff Barnett, an Art's employee, was injured while driving a front end loader at the construction site. Barnett filed a suit against Johnson-Downs alleging construction negligence and premises liability. At the time, Johnson-Downs was the only named defendant. Cincinnati Insurance Company, Johnson-Downs's insurer, tendered the complaint to Pekin for a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.