St. Paul Fire and Marine v. Antel

              FIFTH DIVISION
December 12, 2008
No. 1-07-0629
ST. PAUL FIRE AND MARINE ) Appeal from the
INSURANCE COMPANY, ) Circuit Court of
) Cook County
Plaintiff-Appellee, ))
v. )
) No. 01CH7733
ANTEL CORPORATION, )
ANTEL SYSTEMS CORPORATION, )
MARQUITA R. FLOWERS, Administrator of the ) The Honorable
Estate of Paul Flowers, Deceased, ) David Donnersberger,
LUPE DIAZ and KAREN DIAZ, ) Judge Presiding.
)
Defendants-Appellants. )
PRESIDING JUSTICE FITZGERALD SMITH delivered the opinion of the court:
This insurance coverage case arises from a declaratory judgment action filed by St. Paul
Fire and Marine Insurance Company (St. Paul), which named as defendants Marquita Flowers as
special administrator of the estate of her husband Paul Flowers, Lupe Diaz and his wife Karen
Diaz (Diaz), Antel Corporation, and Antel Systems Corporation. The complaint sought a
declaration that St. Paul owed no duty to defendant Antel Corporation or Antel Systems
Corporation in consolidated wrongful death and injury cases filed by Flowers and Diaz,
respectfully. St. Paul filed a motion for summary judgment, which the trial court granted. This
appeal follows.
BACKGROUND
The underlying cases arose from an 1988 explosion and fire at the Bridgeview, Illinois,
Union Oil Company of California’s (Unocal) chemical processing plant. Unocal employee Paul