The Hartford Accident and Indemnity Company, a Connecticut Corporation v. Gulf Insurance Company, a Missouri Corporation

CUDAHY, Circuit Judge.

This is an appeal from a grant of summary judgment by the district court for the Central District of Illinois against the Gulf Insurance Company (“Gulf”). The district court determined that Gulf had wrongfully refused to defend the City of Peoria, Illinois (the “City”) in a wrongful death action

and estopped Gulf from denying coverage. We reverse.

In July 1979, the City and the Pleasure Driveway and Park District of Peoria (the “Park District”) entered into the Shade Tree Maintenance Intergovernmental Cooperation Agreement (the “Shade Tree Agreement” or the “Agreement”).…