Chris Pickett Wins Summary Judgment In Declaratory Judgment Action; Affirmed On Appeal

Chris Pickett recently won an appeal affirming summary judgment in favor of his clients. Pekin sought a declaration that it did not owe a duty to defend Lexington Station, LLC against a personal injury lawsuit filed by Marcos Botello, under a commercial general liability policy to ACC, Inc., plaintiff’s employer. Pekin argued that, because Botello’s complaint did not name or refer to ACC’s negligence, there was no potential that Lexington could be held vicariously liable for ACC’s work – as was required to trigger Pekin’s additional insured coverage for Lexington. Chris argued that Botello’s claims for “construction negligence” based on Lexington acting “by and through its agents” created a potential that Lexington would be held vicariously liable for ACC’s acts or omissions. Moreover, Botello’s specific allegations of negligence against Lexington involved work that had been subcontracted to ACC, further demonstrating that Lexington faced vicarious liability for ACC’s conduct. The court agreed to consider that subcontract and found there was a potential for vicarious liability, thereby triggering Pekin’s duty to defend. Pekin Insurance Company v. Lexington Station, LLC, 2017 IL App (1st) 163284