Insurance firm seeks court protection from paying for construction company's allegedly mistakes

Dan Harkins Jun. 28, 2015, 4:25pm

An insurance company is asking a judge to declare it doesn't have to insure a local construction company that's currently being sued by a homeowners' association for allegedly shoddy work.

Acuity, a Wisconsin-based insurance company, filed a complaint June 11 in Cook County Circuit Court against Walsh Construction Co. and the Rowhomes at the Groves of Palatine Condominium Association.

According to the lawsuit, Acuity seeks a court order that protects it from having to defend or indemnify Walsh Construction "as an additional insured on policies of insurance issues to Acuity's named insured, G.W. Thiel Inc." as it pertains to ongoing litigation against Walsh Construction and other litigation concerning the condominium association.

The other case, number 13L3227, was filed March 23, 2013, by the association against Walsh, alleging defects in the work it performed and seeking protection from paying for much of the work, the lawsuit states. Acuity alleges it is not liable to insure Walsh under the Commercial Excess Liability policy that had been secured, the lawsuit states.

Acuity is represented by attorneys Joseph P. Postel and Justin K. Seigler of Lindsay, Rappaport & Postel in Chicago. 

Cook County Circuit Court case number 15CH09277.

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