1Huerta is the plaintiff in the underlying action pending in the circuit court. Ohio
Casualty named Huerta as "a necessary but nominal party" to its declaratory judgment action.
Ohio Casualty sought no specific relief from Huerta; on the contrary, Huerta was joined "solely
in order to be bound by the judgment entered" in Ohio Casualty's declaratory judgment action.
JUNE 1, 2007
OHIO CASUALTY INSURANCE COMPANY,
OAK BUILDERS, INC.,
Appeal from the
Circuit Court of
No. 04 CH 3755
JUSTICE TULLY delivered the opinion of the court:
This appeal concerns a declaratory judgment action that was brought in the circuit court
of Cook County by plaintiff-appellee, Ohio Casualty Company (Ohio Casualty). Ohio Casualty
sought a declaratory judgment that its policy did not provide coverage to defendant-appellant,
Oak Builders, Inc. (Oak Builders), for an underlying action brought against Oak Builders by
David Huerta (Huerta),1 In the alternative, Ohio Casualty sought a declaratory judgment that any
coverage Ohio Casualty's policy did provide to Oak Builders was excess to Oak Builders'
coverage under a different insurance policy, which was issued to Oak Builders by American