Rush Presbyterian St. Luke's Medical Center v. Safeco Insurance Company of America

MANION, Circuit Judge.

This matter is before the court on an appeal by plaintiff Rush Presbyterian St. Luke’s Medical Center (“the Medical Center”) from an order dismissing its complaint against defendant Safeco Insurance Company of America (“Safeco”). We affirm the district court’s decision.

I.NATURE OF THE CASE

Taking what the complaint alleges as true, see Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-102, 2 L.Ed.2d 80 (1957), the Medical Center hired Morse/Diesel, a general contractor, to manage a construction project. Morse/Diesel in turn entered into a subcontract with defendant…