Aetna Casualty & Surety Co. v. James J. Benes & Associates, Inc.

Aetna Casualty and Surety Company of Illinois, plaintiff, filed an action seeking a declaration that it is entitled to reimbursement from the Intergovernmental Risk Management Agency (IRMA), defendant, for one-half of the defense and settlement payments made by Aetna on behalf of the Village of Clarendon Hills in an underlying suit. The trial court denied Aetna’s motion for summary judgment and granted IRMA’s cross-motion for summary judgment. Judgment was entered in favor of defendants, and plaintiff appealed. For the following reasons, we affirm.

J. Congdon Sewer Service, Inc. (Congdon), a…