Federal Insurance Co. v. Turner Construction Co

In Federal Insurance Co. v. Turner Construction Co., 277 Ill. App. 3d 262, 660 N.E.2d 127, 213 Ill. Dec. 870 (1995), Midwest Stock Exchange sued subcontractors on a building project, alleging that their failure to complete work in a timely fashion caused damage to Midwest's property. Midwest argued that it was an intended beneficiary of the construction contract because the contract contained an indemnification provision making defendants liable to "all persons" for damages arising from their work. Federal Insurance Co., 277 Ill. App. 3d at 269, 660 N.E.2d at 132. The court disagreed, stating: "The indemnification provisions in the instant case does not identify any third parties. The contract language and attending circumstances do not indicate that the parties intended to benefit anyone but themselves. As such, Midwest has failed to identify any language in the subcontract which constitutes an express declaration to overcome the presumption that the parties contracted only for themselves." Federal Insurance Co., 277 Ill. App. 3d at 269, 660 N.E.2d at 132. Thus, the appellate court affirmed the trial court's ruling that Midwest was not a third-party beneficiary. Federal Insurance Co., 277 Ill. App. 3d at 269, 660 N.E.2d at 132.