Wheeler v. Aetna Casualty & Surety Co.

This is an appeal from a summary judgment entered in a declaratory judgment action for the plaintiff architects against their public liability insurer, holding, in substance, that it should have assumed their defense in a Structural Work Act suit filed against a hospital, its general contractor and them by a worker who fell from a scaffold when a plank gave way.

On November 11, 1968, Aetna issued to Perkins and Will a Public Liability insurance policy which included by endorsement, the following exclusion:

“EXCLUSION

‘(ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY)

‘IT IS AGREED THAT…