CINCINNATI INS. CO. v. GATEWAY CONST. CO.

No. 1-06-2216.

865 N.E.2d 395 (2007)

CINCINNATI INSURANCE COMPANY, as Subrogee of Harbour Contractors, Inc., Baker Concrete Construction, and Nicholas Nowicki, Plaintiffs, v. GATEWAY CONSTRUCTION COMPANY, INC., Defendant and Counterplaintiff-Appellant (Lexington Insurance Company, Defendant and Counterdefendant-Appellee).

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied May 1, 2007.


Attorney(s) appearing for the Case

William J. McKenna, Jr., Michael S. Shapiro, Foley & Lardner LLP, Chicago, for Defendants-Appellants.

James P. McCarthy, Patricia M. Kelly, Gunty & McCarthy, Chicago, for Plaintiff-Appellee.


Presiding Justice THEIS delivered the opinion of the court:

This appeal arises from an order of the circuit court granting summary judgment in favor of defendant Lexington Insurance Company (Lexington) against plaintiff Cincinnati Insurance Company (Cincinnati)1 and defendant, counterplaintiff Gateway Construction Company, Inc. (Gateway). On appeal, the dispute concerns whether certain parties were covered as additional insureds under...

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