Michael Nicholas, Inc. v. Royal Insurance Co.
Case Date: 05/03/2001
Court: 2nd District Appellate
Docket No: 2-99-1337 Rel
May 3, 2001 No. 2--99--1337
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. 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, |