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STATE AUTO. MUT. INS. v. HABITAT CONST. CO.

No. 1-05-0365.

875 N.E.2d 1159 (2007)

STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, as Successor in Interest to and Real Party in Interest in Place of Meridian Mutual Insurance Company, Plaintiff-Appellee, v. HABITAT CONSTRUCTION COMPANY, Defendant-Appellant (Central Building and Preservation; Solomon Cordwell, Buenz and Associates, Inc.; and Larry Medolan, Defendants).

Appellate Court of Illinois, First District, First Division.

September 24, 2007.

Attorney(s) appearing for the Case

Tressler, Soderstrom, Maloney & Priess, Chicago (Michael J. Duffy, Matthew J. Devereux, of counsel), for The Habitat Const. Co.

Dedgwick, Detert, Moran & Arnold LLP, Chicago (Renee S. Levitt and Jennifer Quinn Broda, of counsel), for Appellee.

Justice GARCIA delivered the opinion of the court.

In this declaratory judgment action, the trial court granted summary judgment in favor of the plaintiff, State Automobile Mutual Insurance Company (State Auto), finding it did not have a duty to defend or indemnify the defendant, Habitat Construction Company (Habitat), in an underlying personal injury action. Habitat contends on appeal that it, rather than State Auto, was entitled to summary judgment.

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