News

TDR Wins Important Insurance Coverage Dispute

Scottsdale Insurance Co. v. Walsh Construction. 09 CH 33074

April 28, 2010

On April 28, 2010, Judge Peter Flynn of the Circuit Court of Cook County, Illinois, Chancery Division, awarded summary judgment to our client Walsh Construction Company in an insurance coverage lawsuit against it filed by Scottsdale Insurance Company. Walsh was represented by TDR attorneys Daniel L. Stanner, Michael J. Grant, and John M. Fitzgerald. Judge Flynn's ruling requires Scottsdale Insurance to provide a defense to Walsh, a general contractor, in a personal injury lawsuit filed by a subcontractor's employee. Judge Flynn's ruling addressed an emerging area in insurance coverage litigation regarding sole-negligence exclusions in additional insured endorsements. The Court rejected Scottsdale's arguments that the sole negligence exclusion applied to bar coverage and granted Walsh's cross motion for summary judgment.