Casualty Indemnity Exchange v. City of Chicago

MEMORANDUM OPINION

WILL, District Judge.

This is an action for a declaratory judgment under 28 U.S.C. §§ 2201, 2202 (1982). Plaintiff Casualty Indemnity Exchange (“CIE”) seeks a determination that it is not liable to indemnify defendant Impact Engineering and Construction Company (“Impact”) or defendant City of Chicago for the alleged wrongful death of a construction worker, Arnett Banks, Jr. All parties have filed motions for summary judgment. For the reasons stated herein, each of the motions is denied.

I. Uncontroverted Facts 1

CIE issued its general liability policy No. GL 012518 to Impact…