1 Cincinnati is not a party to this appeal.
March 28, 2007
CINCINNATI INSURANCE COMPANY, ) Appeal from the
as Subrogee of Harbour Contractors, Inc., ) Circuit Court of
BAKER CONCRETE CONSTRUCTION, and ) Cook County.
NICHOLAS NOWICKI, )
Nos. 95 CH 10953,
GATEWAY CONSTRUCTION COMPANY, INC.,) 95 CH 6802,
) 97 CH 1126
Defendant and Counterplaintiff-Appellant )))
(Lexington Insurance Company, ) The Honorable
) David R. Donnersberger,
Defendant and Counterdefendant-Appellee). ) Judge Presiding.
PRESIDING JUSTICE THEIS delivered the opinion of the court:
This appeal arises from an order of the circuit court granting summary judgment in favor
of defendant Lexington Insurance Company (Lexington) against plaintiff Cincinnati Insurance
Company (Cincinnati)1 and defendant, counterplaintiff Gateway Construction Company, Inc.
(Gateway). On appeal, the dispute concerns whether certain parties were covered as additional
insureds under the terms of Gateway’s excess liability policy issued by Lexington. Gateway
contends that the trial court erred in erroneously interpreting the underlying policy endorsement
language, arguing that an oral promise to name someone as an additional insured, memorialized