Commonwealth Edison Co. v. National Union Fire Insurance

Defendants National Union Fire Insurance Company of Pittsburgh, PA. (National), and Asplundh Tree Expert Company (Asplundh) appeal from two orders of the circuit court denying National’s and Asplundh’s motions for summary judgment and granting summary judgment in favor of plaintiff Commonwealth Edison Company (Edison) in Edison’s declaratory judgment action seeking indemnification, as an additional insured in a policy issued to Asplundh by National, for $1.5 million in settlement funds Edison paid in an underlying wrongful death lawsuit. On appeal, National and Asplundh contend that: (1) the…