Cincinnati Ins. Co. v. Gateway Construction Co., Inc

In Cincinnati Ins. Co. v. Gateway Construction Co., Inc., 372 Ill. App. 3d 148, 865 N.E.2d 395, 310 Ill. Dec. 71 (2007) the oral agreement to add the general contractor as an additional insured on the subcontractor's policy, was not memorialized in writing until the underlying injury on the job site took place. Cincinnati Ins. Co., 372 Ill. App. 3d at 149. Moreover, the original written agreement contained no additional insured requirements; only an addendum to that agreement executed five months after the accident included such a provision. Cincinnati Ins. Co., 372 Ill. App. 3d at 149. The certificate of insurance was issued to the general contractor months after the injury took place. Cincinnati Ins. Co., 372 Ill. App. 3d at 149. Under those facts, fearing collusion, the appellate court in Cincinnati Ins. Co., found that there was no coverage since "there was no promise under a written agreement at the time of the accident, and no other documentation confirming additional insured coverage at the time of the accident." Cincinnati Ins. Co., 372 Ill App. 3d at 152.