Jokich v. Union Oil Co. of California

In Jokich v. Union Oil Co. of California, 214 Ill. App. 3d 906, 907, 574 N.E.2d 214, 215, 158 Ill. Dec. 420 (1991), a contractor's employee sustained serious injuries when he fell off a temporary staircase provided by the oil refinery's owner while attempting to repair an overhead crane. The insurance provision in Jokich required the contractor to name the owner as an additional insured and that "the insurance to be carried would be 'in no way limited by any limitations expressed in numbered paragraph 17 the indemnity provision nor any limitation placed on the indemnity therein given as a matter of law.'" Jokich, 214 Ill. App. 3d at 912, 574 N.E.2d at 218. The insurance provision further required coverage protecting the oil refinery's owner under the Structural Work Act, which requires a showing of fault to bring a violation of that Act. Jokich, 214 Ill. App. 3d at 912, 574 N.E.2d at 218. The Court in Jokich concluded that the only interpretation of the insurance provision was that the insurance policy would provide coverage for claims arising from the owner's own negligence. Jokich, 214 Ill. App. 3d at 912-13, 574 N.E.2d at 219. The Jokich court concluded that the insurance clause "was clear, unambiguous and enforceable in requiring the contractor to procure insurance coverage for liability arising from the owner's own negligence." Jokich, 214 Ill. App. 3d at 913, 574 N.E.2d at 219.