Christy-Foltz, Inc. v. Safety Mutual Casualty Corp.

In July 1998, plaintiff, Christy-Foltz, Inc. (Christy-Foltz), sought a declaratory judgment to determine whether its contribution liability in excess of the so-called Kotecki cap (see Kotecki v. Cyclops Welding Corp., 146 Ill. 2d 155, 165, 585 N.E.2d 1023, 1027-28 (1991)) was covered by its workers’ compensation and employer’s liability insurance policy issued by defendant, Safety Mutual Casualty Corporation, now known as Safety National Casualty Corporation (Safety National). Safety National contended plaintiffs contribution liability in excess of the Kotecki cap was a loss “voluntarily…