Pekin Insurance Company v. CSR Roofing Contractors, Inc., 2015 IL App (1st) 142473 (September 21, 2015) Cook Co., 1st Div. (LIU)

Reversed and remanded with directions.
Insurer of subcontractor has duty to defend additional insured under terms of commercial general liability policy issued to a third party, the general roofing contractor, in a personal injury suit brought by employee of that contractor’s subcontractor, who sustained serious injuries when he fell from roof of a building at the worksite. General roofing contractor’s master subcontractor agreement (MSA) shows that parties sought to limit general roofing contractor’s potential exposure to vicarious liability, ensuring that it was covered in case of worksite accident such as incident here. Amended complaint contains allegations that could result in finding that general roofing contractor is liable for employee’s injuries, solely on basis of acts or omissions of subcontractor, court erred in granting judgment on pleadings for subcontractor’s insurer.(SIMON and NEVILLE, concurring.)