Pekin Insurance v. Pulte Home Corp.

Defendant Kenneth Kaiser filed a lawsuit against defendants Pulte Home Corporation (Pulte), a homebuilding company, and Jim Kunde Construction, Inc. (Kunde Construction), Pulte’s sewer subcontractor alleging that he suffered severe and permanent injuries when he fell into an unguarded sewer manhole in the backyard of a home under construction. Pulte tendered its defense of Kaiser’s complaint to plaintiff Pekin Insurance Company (Pekin), which had issued an insurance policy to Kunde Construction, naming Pulte as an additional insured. Pekin denied the tender and filed this declaratory judgment…