Appellate Court of Illinois

Declaratory judgment in an underlying action brought against defendant by a third party holding that plaintiff-appellee's "additional insured endorsement" policy provided coverage for the third party's suit but only in "excess" to the coverage provided under defendant's policy with another insurer is reversed and remanded where: 1) plaintiff-appellant's policy and the other insurer's policy both contain language providing for primary coverage and excess coverage in the case of other insurance; 2) "excess" clauses are irreconcilable and cancel each other out; and 3) where "other insurance" clauses of the same type are in conflict both parties should share the costs of defending and indemnifying the suit.

Appellate Information

• Decided 06/01/2007
• Published 06/01/2007

Judges

• Justice TULLY delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellees:
  
• Robert Marc Chemers, Scott L. Howie, Darryl L. Awick, Pretzel & Stouffer Chartered, Chicago, for Plaintiff-Appellee., Carol Proctor, Joshua G. Vincent, Timothy G. Shelton, Hinshaw & Culbertson LLP, Chicago, for Defendant-Appellant.