Clarendon America Insurance Co. v. 69 West Washington

              First Division
June 18, 2007
No. 1-06-1864
CLARENDON AMERICA INSURANCE COMPANY, a
New Jersey Corporation,
Plaintiff-Appellant,
v.
69 WEST WASHINGTON MANAGEMENT LLC, an
Illinois Limited Liability Corporation, and COUNTY OF
COOK, a Body Politic and Corporation,
Defendants-Appellees
(Scottsdale Insurance Company,
Intervenor-Appellant;
B.G.K. Security Services, Inc., an Illinois Corporation, and
Aargus Security Systems, Inc., an Illinois Corporation
Defendants).
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Appeal from the Circuit Court
of Cook County
04 CH 10575
Honorable
Julia Nowicki and Stuart Palmer,
Judges Presiding.
PRESIDING JUSTICE McBRIDE delivered the opinion of the court:
Plaintiff Clarendon America Insurance Company (Clarendon) filed a declaratory
judgment action seeking a determination that it owed no duty to defend or indemnify defendants
69 West Washington Management, LLC (69 West), and County of Cook (Cook) in several
underlying lawsuits arising out of the October 17, 2003, fire that occurred at a building owned by
Cook and managed by 69 West, located at 69 West Washington Street in Chicago. Clarendon
issued a commercial general liability policy to defendant B.G.K. Security Services, Inc. (BGK),
to which 69 West and Cook sought coverage as “additional insureds.” Clarendon filed a motion
for summary judgment and 69 West and Cook filed cross-motions for summary judgment in the