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CONTINENTAL INS. v. SKIDMORE, OWINGS

Nos. 1-93-2448, 1-93-3249 to 1-93-3251.

648 N.E.2d 959 (1995)

271 Ill. App.3d 692

208 Ill.Dec. 37

The CONTINENTAL INSURANCE COMPANY, Real Party in Interest in Place of Harbor Insurance Company, Plaintiff-Appellant and Plaintiff-Appellee, v. SKIDMORE, OWINGS AND MERRILL, James McHugh Construction Company, McNulty Brothers Company, Dessent Roofing Company, Inc., and Material Service Corporation, Defendants-Appellees (Economy Mechanical Industries, Inc., and Flood Testing Laboratories, Inc., Defendants-Appellees and Defendants-Appellants).

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied April 20, 1995.

Attorney(s) appearing for the Case

Conklin & Roadhouse, Chicago (Thomas W. Conklin, Renee S. Levitt, Diane Karp, of counsel), for appellant.

Kirkland & Ellis, Chicago (Craig A. Knot, of counsel), for Skidmore, Owings & Merrill.

Pendersen & Houpt, Chicago (Donald J. Moran, of counsel) for James McHugh Const. Co.

Gould & Ratner, Chicago (Barry S. Hyman, of counsel), for Material Service Corp.

Cassiday, Schade & Gloor, Chicago (Lynn D. Dowd, of counsel), for Economy Mechanical Industries, Inc.

Gardner, Carton & Douglas, Chicago (William H. Anderson, of counsel), for McNulty Bros. Co.

Torshen, Schoenfield & Spreyer, Chicago (Abigail K. Spreyer, of counsel), for Flood Testing Laboratories, Inc.

Presiding Justice COUSINS delivered the opinion of the court:

Plaintiff Continental Insurance, as real party in interest in place of Harbor Insurance, filed a complaint for declaratory judgment denying any liability to defend or indemnify defendants under their insurance policies. In its amended complaint, plaintiff denied coverage, and any duty to defend, because (1) the underlying complaint was not covered under the liability language of the policy, (2) plaintiff...

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