Addison Insurance Co. v. Fay

              No. 3-06-0085
Filed September 13, 2007.
_________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 2007
ADDISON INSURANCE COMPANY, ) Appeal from the Circuit Court
) of the 12th Judicial Circuit,
Plaintiff-Appellant, ) Will County, Illinois,
)
v. )
)
DONNA FAY, as Independent )
Administrator of the Estate )
of Justice Steven Carr, ) No. 01-MR-717
Deceased, LAURA SHACKELFORD, )
as Special Administrator of )
the Estate of Everett Lee )
Hodgins, Jr., Deceased, and )
DONALD PARRISH, d/b/a PARRISH )
BLACKTOP, INC., ) Honorable
) Herman Haase,
Defendants-Appellees. ) Judge, Presiding.
_________________________________________________________________
PRESIDING JUSTICE LYTTON delivered the opinion of the court:
_________________________________________________________________
Plaintiff, Addison Insurance Company, brought a declaratory
judgment action against Donna Fay, as Special Administrator of the
Estate of Justice Carr, Laura Shackelford, as Special Administrator
of the Estate of Everett Hodgins, and Donald Parrish, d/b/a Parrish
Blacktop, Inc., to determine the extent of insurance coverage
available to Parrish to pay claims brought by Fay and Shackelford
resulting from the deaths of their sons. The trial court declared
that under the terms of the commercial general liability policy
issued to Parrish the boys’ deaths were two separate "occurrences,"
thereby allowing aggregate liability coverage of $2,000,000. We
reverse.