Appellate Court Affirms Judgment Shifting Defense Away from Property Owner’s Policy

Posted by Bradford S. Purcell | Nov 01, 2017 | 0Comments

R.J. VanSwol obtained the affirmance of summary judgment on the issue of whether a property owner could deselect its own policy in an underlying slip-and-fall case and seek coverage under a policy issued to the contractor that had agreed to clear snow and ice from the property. The contractor's insurer argued that the claims against the property owner did not come within the scope of coverage, but the trial court found that the insurer had to defend under its additional-insured endorsement, and the First District of the Illinois Appellate Court affirmed. P&W therefore successfully shifted the risk away from the property owner's policy.  Pekin Ins. Co. v. AP POB Bannockburn, LLC, 2017 IL App (1st) 163159-U.

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