A worker filed a negligence suit against our general contractor client following an accident on a construction site. Pursuant to the contract, the general contractor tendered the defense of the claim to the subcontractor that employed the injured worker at the time of the accident. The subcontractor's insurer denied its defense obligations and filed a declaratory judgment action in DuPage County, Illinois, against the general contractor. Mike Sanders and King Roy defended the new action and obtained judgment for the general contractor.
The court found that the insurer wrongfully denied the tender and owed defense obligations to the general contractor.