United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
Z. Lee, United States District Judge.
Scottsdale Insurance Company (“Scottsdale”) filed
this lawsuit, seeking a declaration that Columbia Insurance
Group, Inc. (“Columbia”) has a duty to defend and
indemnify Rockwell Properties, LLC (“Rockwell”)
and Prairie Management & Development, Inc.
(“Prairie”) in a personal-injury lawsuit pending
in the Circuit Court of Cook County (“the underlying
lawsuit”). Scottsdale has moved for judgment on the
pleadings with respect to its claims against Columbia, while
Columbia and TDH Mechanical, Inc. (“TDH”) have
filed a cross-motion for judgment on the pleadings. For the
reasons stated herein, Scottsdale's motion  is
granted as to its claims concerning Columbia's duty to
defend Rockwell and Prairie; however, its duty-to-indemnify
claims against Columbia are dismissed without prejudice.
Columbia's and TDH's motion  is denied.
The Underlying Lawsuit
case arises out of a personal-injury action filed in the
Circuit Court of Cook County, Eduardo Guzman et al. v.
Prairie Management & Development, Inc. at al., No.
17 L 3510. Am. Compl. ¶ 1, ECF No. 28. The underlying
complaint alleges that on March 13, 2017, Guzman was
performing HVAC work at a construction site located at 3057
N. Rockwell Street in Chicago, Illinois (“the
construction site”). Id., Ex. E
(“Underlying Compl.”) at 2, ECF No. 28-5.
Guzman's employer, TDH, had been contracted to install an
HVAC system at the construction site. Am. Compl. ¶ 27.
Prairie was the construction manager of the site, and
Rockwell was the legal owner. Underlying Compl. at 2, 10.
working at the construction site, Guzman fell approximately
22 feet “through an unguarded opening” in the
second floor, sustaining serious injuries. Id. at 2,
4. Guzman alleges construction negligence claims against
Prairie and Rockwell, as well as several other individuals
and entities involved at the site. See generally
defendants in the underlying lawsuit, not including any of
the Defendants in this case, filed third-party complaints for
contribution against TDH, alleging that TDH negligently
failed to train its employees, maintain a safe workplace, or
provide proper safety equipment. Am. Compl. ¶¶
which issued a commercial general liability policy to
Rockwell, has been defending Rockwell and Prairie in the
underlying lawsuit since April 13, 2017. Id.
¶¶ 24, 43.
The Columbia Insurance Policy
carried a contractors businessowners insurance policy from
Columbia, which covered the period from April 12, 2016 to
April 12, 2017 (“the Columbia policy”). Am.
Compl. ¶ 16. The Columbia policy contains the following
We will pay those sums that the insured becomes legally
obligated to pay as damages because of “bodily
injury” . . . to which this insurance applies. We will
have the right and duty to defend the insured against any
“suit” seeking those damages . . . .
Id., Ex. A (“Columbia Policy”) at
ECF No. 28-1. It also contains an endorsement stating:
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
writing in a contract or agreement that such person or
organization be added as an additional insured on your
policy. Such person or organization is an additional insured
only with respect to liability arising out of your ongoing
operations performed for that insured. Liability for
“bodily injury” . . . caused, in whole, or in
part, by “your work” arising out of your ongoing
operations performed for that additional insured and included
in the “products-completed operations hazard.”
The insurance provided to the person or organization is
primary insurance and we will not seek contribution from any