Michael Nicholas, Inc. v. Royal Insurance Co.

State: Illinois

Court: 2nd District Appellate

Docket No: 2-99-1337 Rel

Case Date: 05/03/2001

May 3, 2001

No. 2--99--1337

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

MICHAEL NICHOLAS, INC.,

Plaintiff-Appellant,

ROYAL INSURANCE COMPANY OF
AMERICA,

Defendant-Appellee.

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Appeal from the Circuit Court
of Lake County.

No. 99-L--554

Honorable
Charles F. Scott,
Judge, Presiding.

JUSTICE O'MALLEY delivered the opinion of the court:

Plaintiff, Michael Nicholas, Inc., appeals the circuit court'sorder dismissing its complaint against defendant, Royal InsuranceCompany of America (Royal). Plaintiff contends that the courterred in determining that Royal had no duty to defend or indemnifyit in an underlying action filed by Kimball Hill, Inc.

BACKGROUND

Plaintiff was a subcontractor at Willoughby Farms, asubdivision Kimball Hill was developing. On June 4, 1993, anemployee of plaintiff, Anthony Bauer, was injured while working atWilloughby Farms. Bauer sued Kimball Hill alleging violations ofthe Structural Work Act (740 ILCS 150/0.01 et seq. (1994) (repealedby Pub. Act 89--2,