Argonaut-Midwest Insurance Co. v. E.W. Corrigan Construction Co.

788 N.E.2d 235, 338 Ill. App. 3d 423
CourtAppellate Court of Illinois
DecidedMarch 31, 2003
Docket1-00-2231 Rel
StatusPublished
Cited by9 cases

This text of 788 N.E.2d 235 (Argonaut-Midwest Insurance Co. v. E.W. Corrigan Construction Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Argonaut-Midwest Insurance Co. v. E.W. Corrigan Construction Co., 788 N.E.2d 235, 338 Ill. App. 3d 423 (Ill. Ct. App. 2003).

Opinions

JUSTICE HALL

delivered the opinion of the court:

The sole issue presented in this appeal is whether an appeal should be afforded to a successful party who agrees with the trial court’s judgment, but disagrees with the specific reasons, conclusions or findings on which that judgment is based. We hold that such an appeal should not be granted.

This cause arose out of an action to determine which insurers were obligated to defend appellees E.W. Corrigan Construction Company (Corrigan), and its subsidiary, E.W. Contractors, Inc., (EWC), in an underlying property damage lawsuit titled D.W. Lakeshore Associates Limited Partnership v. E.W. Corrigan Construction Co., No. 95 — L—8426 (Cir. Ct. Cook Co.).1 At the direction of the trial court, multiple insurance companies were joined in the underlying lawsuit.

On September 24, 1999, the trial court heard arguments on motions for partial summary judgment filed by the various insurance companies, including CNA.2 In an order dated September 29, 1999, the trial court granted CNA’s motion for partial summary judgment as to the concrete issue, finding that CNA did not have a duty to defend Corrigan and EWC (hereinafter sometimes collectively referred to as Corrigan) in the underlying lawsuit. The trial court’s ruling was based on its finding that the third amended complaint in the underlying lawsuit failed to allege that the relevant property damage occurred during the time that CNA’s policy was in force.

On October 22, 1999, Corrigan filed a motion for reconsideration of the trial court’s September 29, 1999, order as it pertained to CNA. In the motion for reconsideration, Corrigan claimed that endorsement No. 12 in the CNA policy3 required CNA to defend Corrigan in the underlying lawsuit even if the relevant property damage occurred outside the policy period and even if the other insurers did not have a duty to defend. Corrigan asserted that under endorsement No. 12, the relevant consideration was not when the property damage occurred, but whether there had been or might be a “determination” that the concrete in question was defective. Corrigan claimed that this “determination” triggered the duty to defend even if it was made outside the policy period because the endorsement was silent as to when this “determination” must be made.

On February 10, 2000, the trial court heard arguments on a variety of motions including Corrigan’s motion for reconsideration. During the course of the hearing, it was agreed that a “determination” that the concrete work was defective constituted property damage under the policies at issue. Such a “determination” could be made by an accredited independent agency or by mere evidence that concrete had actually fallen off the subject structure. This “determination” was the event that “triggered” coverage and the duty to defend. The parties, however, disagreed as to whether a policyholder was covered where the determination was made outside the policy period. The trial court believed that if concrete was installed and it was later “determined,” after the policy period had ended, that the concrete was defective, then the policyholder was still potentially covered because the term “determination” as it was used in endorsement No. 12 was ambiguous since the endorsement did not specifically state when the “determination” was to be made.

CNA argued that endorsement No. 12 did not trigger coverage under the policy because there was language in the endorsement stating that all provisions of the policy remained unmodified and that one of the provisions that remained unmodified was the requirement that the property damage occur during the policy period. CNA also argued that it did not have a duty to defend because its policy was an excess policy.4 The trial court disagreed with both of CNA’s arguments, finding that endorsement No. 12 triggered coverage under the policy because the term “determination” as it was used in the endorsement was ambiguous, and that CNA’s policy was not excess.

Thus, in an order dated February 28, 2000, the trial court granted Corrigan’s motion for reconsideration, finding that CNA did have a duty to defend Corrigan in the underlying lawsuit. On March 23, 2000, CNA then filed a motion to reconsider the concrete issue on the ground that, pursuant to the excess provision in endorsement No. 12, it did not have a duty to defend. In an order dated May 26, 2000, the trial court granted CNA’s motion for reconsideration, finding that CNA did not have a duty to defend Corrigan in the underlying lawsuit because its policy was an excess policy.

CNA now attempts to appeal the trial court’s earlier order of February 28, 2000, on the ground that the trial court in that order incorrectly found that endorsement No. 12 triggered coverage under the policy. Corrigan responds that this court does not have the jurisdiction to hear or determine CNA’s challenge to the trial court’s order of February 28, 2000, because that order was effectively overruled and vacated as to CNA by the trial court’s subsequent order of May 26, 2000, where the trial court found that CNA did not have a duty to defend Corrigan in the underlying lawsuit. Corrigan also contends that the February 28, 2000, order is not a final, appealable order, because the order did not resolve all the issues as to all the parties since the court did not make a Rule 304(a) (134 Ill. 2d R. 304(a)) finding, whereas the trial court in its order of May 26, 2000, did include a Rule 304(a) finding with regard to the ruling affecting CNA.

ANALYSIS

We review this case de novo since it involves the trial court’s resolution of a legal question. Primeco Personal Communications, L.P. v. Illinois Commerce Comm’n, 196 Ill. 2d 70, 83, 750 N.E.2d 202 (2001). As an initial matter, we note that we cannot agree with Corrigan’s contention that this court has no jurisdiction to hear this appeal on the ground that the February 28, 2000, order is not a final, appealable order. A final judgment in a civil case is entered where the last order closes the case and leaves no issues to be decided. In re E.L., 152 Ill. App. 3d 25, 30, 504 N.E.2d 157 (1987). In the present case, when the trial court entered its order of May 26, 2000, this order was a final order regarding CNA’s duty to defend Corrigan in the underlying lawsuit. Once a final order is entered, all prior nonfinal orders and rulings become appealable. In re E.L., 152 Ill. App. 3d at 30; Burtell v. First Charter Service Corp., 76 Ill. 2d 427, 433, 394 N.E.2d 380 (1979); Steinberg v. System Software Associates, Inc., 306 Ill. App. 3d 157, 166, 713 N.E.2d 709 (1999). Thus, the February 28, 2000, order became appealable when the trial court entered its final order on May 26, 2000.

We next consider whether an appeal should be afforded to a successful party who agrees with the trial court’s judgment, but disagrees with the specific reasons, conclusions or findings on which that judgment is based.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Watson v. Legacy Healthcare Financial Services, LLC
2021 IL App (1st) 210279 (Appellate Court of Illinois, 2021)
Ally Financial Inc. v. Pira
2017 IL App (2d) 170213 (Appellate Court of Illinois, 2018)
Norabuena v. Medtronic, Inc.
2017 IL App (1st) 162928 (Appellate Court of Illinois, 2017)
Commonwealth Edison Co. v. Illinois Commerce Comm'n
2014 IL App (1st) 130211 (Appellate Court of Illinois, 2014)
Commonwealth Edison Company v. Illinois Commerce Commission
2014 IL App (1st) 132011 (Appellate Court of Illinois, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
788 N.E.2d 235, 338 Ill. App. 3d 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/argonaut-midwest-insurance-co-v-ew-corrigan-construction-co-illappct-2003.