Perkins & Will v. Security Insurance

579 N.E.2d 1122, 219 Ill. App. 3d 807, 162 Ill. Dec. 308, 1991 Ill. App. LEXIS 1605
CourtAppellate Court of Illinois
DecidedSeptember 19, 1991
Docket1-90-1044
StatusPublished
Cited by8 cases

This text of 579 N.E.2d 1122 (Perkins & Will v. Security Insurance) 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
Perkins & Will v. Security Insurance, 579 N.E.2d 1122, 219 Ill. App. 3d 807, 162 Ill. Dec. 308, 1991 Ill. App. LEXIS 1605 (Ill. Ct. App. 1991).

Opinions

JUSTICE LINN

delivered the opinion of the court:

Plaintiffs are several business entities, which we will refer to as Perkins & Will, an architectural and engineering firm. Defendant is the Security Insurance Company of Hartford, Inc. (Security). Perkins & Will bought a professional liability insurance policy from Security. The firm was named as a defendant in a lawsuit. Perkins & Will settled, and Security advanced a portion of the settlement.

Perkins & Will then brought this declaratory judgment action in the circuit court of Cook County against Security. The firm sought a declaration that Security was obliged to indemnify it. Security counterclaimed, seeking: (1) a declaration that the insurance policy did not cover the firm in the lawsuit, and (2) the recovery of its advance.

On cross-motions for summary judgment, the trial court granted summary judgment for Perkins & Will. Security appeals, contending the trial court erred in granting summary judgment for Perkins & Will.

We affirm the judgment of the trial court.

Background

A

The record contains the following pertinent facts. In July 1969, Perkins & Will and another architecture firm, Edward Durell Stone and Associates, formed a joint venture to design and provide architectural services for the Amoco Building in Chicago. The joint venture then entered into a contract with the Standard Oil Company, which was subsequently replaced by Amoco Properties, Inc.

In 1972, Perkins & Will bought a professional liability insurance policy from the CNA Insurance Companies (CNA). The managing underwriter for CNA was the Design Professionals Financial Corporation, now doing business as the Design Professionals Insurance Company (DPIC). The coverage extended from April 1972 through March 1987. The policy specifically covered the joint venture and the joint venturers for the Amoco Building project.

In June 1984, Perkins & Will notified CNA of a “potential claim” arising from the Amoco Building project. Marble panels covered the building. Apparently some of these panels bowed outwards from the surface of the structure. The concern was that these panels could become loose and fall off the building. In August 1984, the firm notified DPIC of the potential claim.

In July 1987, Perkins & Will bought a professional liability insurance policy from Security. The firm paid a premium of $414,217. DPIC was also Security’s managing underwriter. The coverage extended from July 2, 1987, to July 2, 1988.

Since the 1987-88 Security policy is the heart of this appeal, we must describe its pertinent parts in detail. On the face of its initial “Declarations” page, the policy designates Security as the insurer “(herein called the Company).” The policy states in pertinent part:

“This policy is provided on a claims-made basis. It applies only to those claims that are first reported to the Company during the policy period. ***
I. INSURING AGREEMENTS
The Insurance Company designated on the Declarations Page and hereafter referred to as ‘we,’ ‘us,’ or ‘our,’ makes the following agreements with the Named Insured, hereafter called ‘you,’ ‘your,’ ‘the Named Insured,’ or ‘the Insured’:
A. What We Insure
We will pay those sums in excess of the deductible that you become legally obligated to pay as damages because of ‘claims’ to which this insurance applies arising from conduct of your professional practice. ***
* * *
D. Where and When We Insure
This insurance applies:
* * *
3. To ‘claims made’ during the policy period if:
a. The claim arises during the policy period; or
b. The error, omission, or negligent act giving rise to the claim took place prior to the policy period but after the retroactive date specified in the declarations, if applicable, provided that:
(1) you had no knowledge of the claim prior to the beginning of this policy; and
(2) you had no knowledge of any situation that resulted in the claim; and
(3) there is no other valid insurance for the claim.
* * *
III. DEFINITIONS USED IN THIS POLICY
* * *
C. ‘claim’ means:
1. a demand for money or services, or the filing of a suit *** naming any Insured and alleging an actual or alleged error, omission or negligent act arising out of the conduct of your professional practice; or
2. an actual event or alleged event which has resulted in damages and of which any Insured has knowledge; or
3. an actual event or alleged event which may cause damage and of which any Insured has knowledge.
D. ‘claims made’ means a claim that is reported to us during the policy period.
* * *
IV. CONDITIONS AFFECTING THIS INSURANCE A. Duties in the Event of Claim or Suit
1. You must see to it that we are notified promptly of any claim. Notice should include:
a. How, when and where the alleged error, omission or negligent act arising out of the conduct of your professional services took place; and
b. The names and addresses of any injured persons and witnesses.
2. If a claim is made or suit is brought against any Insured, you must provide us prompt written notice of the claim or suit.
3. You and any other involved Insured must:
a. immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit;
* * *
c. cooperate with us in the investigation, settlement or defense of the claim or suit; ***.
* * *
E. Other Insurance
If other valid or collectible insurance is available to any Insured for any claim we cover, our obligations are limited as follows:
1. Primary Insurance
This insurance is primary except when 2. below applies. * * *
2. Excess Insurance

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Cite This Page — Counsel Stack

Bluebook (online)
579 N.E.2d 1122, 219 Ill. App. 3d 807, 162 Ill. Dec. 308, 1991 Ill. App. LEXIS 1605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perkins-will-v-security-insurance-illappct-1991.