American Economy Insurance Co. v. Holabird & Root

In American Economy Insurance Co. v. Holabird & Root, 382 Ill. App. 3d 1017, 886 N.E.2d 1166, 320 Ill. Dec. 97 (2008), the plaintiff filed suit against the property owner, the general contractor, and L&L Engineers, an electrical subcontractor, alleging she was injured from ultraviolet (UV) rays from the florescent lights installed in the building in which she worked. Her complaint alleged the defendants failed to provide a safe work area, failed to design and construct the space in a safe manner, and failed to educate themselves about the dangers of UV rays and select safe lighting. The property owner filed a third-party complaint against Metrick, another electrical subcontractor. The property owner alleged Metrick was in charge of installing the lights and that it failed to educate itself about the dangers of UV rays, failed to select safe lighting, and failed to consult with the defendants regarding its lighting selection. The agreement between the general contractor and Metrick required the general contractor to be added as an additional insured on Metrick's policy, that provided coverage to the general contractor "'only with respect to liability arising out of "Metrick's work" for that insured by or for Metrick.'" Holabird & Root, 382 Ill. App. 3d at 1021. On cross-motions for summary judgment in the insurer's declaratory judgment action, the circuit court held the insurer's duty to defend was triggered. The Court affirmed.