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Sixth Division
December 19, 2008
No. 1-07-2994
CLARENDON AMERICA INSURANCE COMPANY, a
New Jersey Corporation,
Plaintiff-Appellant,
v.
B.G.K. SECURITY SERVICES, INC., an Illinois
Corporation,
Defendant-Appellee
(Aargus Security Systems, Inc., an Illinois Corporation, 69
West Washington Management LLC, an Illinois Limited
Liability Corporation, and County of Cook, a Body Politic
and Corporation,
Defendants;
Scottsdale Insurance Company,
Intervenor).
))))))))))))))))))))
Appeal from the Circuit Court
of Cook County
04 CH 10575
Honorable
William Maki,
Judge Presiding
JUSTICE McBRIDE delivered the opinion of the court:
Plaintiff Clarendon America Insurance Co. (Clarendon) filed a declaratory judgment
action seeking a determination that it owed no duty to defend or indemnify defendant B.G.K.
Security Services, Inc. (BGK), in several underlying lawsuits arising out of the October 17, 2003,
fire that occurred at a building owned by defendant County of Cook (Cook) and managed by
defendant 69 West Washington Management, LLC (69 West), located at 69 West Washington
Street in Chicago. BGK, along with defendant Aargus Security Systems, Inc. (Aargus), supplied
security to the building. Clarendon issued a commercial general liability (CGL) policy to BGK.
Intervenor Scottsdale Insurance Company (Scottsdale) issued an excess insurance policy to BGK
and intervened in the action also seeking a declaration that it had no duty to defend BGK. BGK
