Virginia Surety Company v. Adjustable Forms Inc.

              FIFTH DIVISION
May 16, 2008
No. 1-07-2663
VIRGINIA SURETY COMPANY,
Plaintiff-Appellee,
v.
ADJUSTABLE FORMS INC., ILLINOIS INSURANCE
GUARANTY FUND, MORSE DIESEL INC., AMEC
CONSTRUCTION COMPANY, formerly known as Morse
Diesel International, Inc., AMEC, INC., MCL
COMPANIES OF CHICAGO, INC., MCL
CONSTRUCTION COMPANIES, MCL VENTURES,
INC., MCL EQUITIES CORPORATION, MCL
CORPORATION, MCL MANAGEMENT
CORPORATION, RIVER EAST, L.L.C., RIVER EAST
INC., LEAM STEEL ERECTORS INC., LIEBHERR-WERK
BIBERACH GmbH, and MORROW
EQUIPMENT COMPANY, L.L.C.,
Defendants
(Illinois Insurance Guaranty Fund,
Defendant-Appellant).
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Appeal from the
Circuit Court of
Cook County
No. 06 CH 2165
Honorable
Nancy J. Arnold,
Judge Presiding.
JUSTICE GALLAGHER delivered the opinion of the court:
Defendant Illinois Insurance Guaranty Fund (IIGF) appeals the trial court’s granting of
summary judgment in favor of Virginia Surety Company, Inc. (Virginia Surety). On appeal, the
IIGF contends that the trial court erred in granting summary judgment because the Virginia
Surety insurance policy provided workers’ compensation coverage for the injury an employee
suffered while working on a construction site. The IIGF also contends on appeal that the
Virginia Surety insurance policy qualified as “other insurance” pursuant to section 546(a) of the