CHICAGO – An Ohio insurance company alleges it has no duty to indemnify another insurer and a construction company in a wrongful death action.
Westfield Insurance Co. filed a complaint on Oct. 10 in Cook County Circuit Court against ET Simonds Construction Co., Zurich American Insurance Co., and others, seeking declaratory relief.
According to the complaint, the estate of Conner A. Schell filed a complaint in October 2017 over allegations of wrongful death when Schell's vehicle struck a concrete drainage culvert on U.S. Route 45 in Saline County in 2015, causing the death of Conner Schell.
The plaintiff alleges it has no duty to indemnify Simonds in the litigation because the losses alleged in the complaint were not caused by anyone insured by the plaintiff.
The plaintiff seeks judgment against the defendants and declaratory relief that it does not owe a duty to defend or indemnify the defendants. It is represented by David S. Osborne and Lauren E. Rafferty of Lindsay, Pickett & Postel LLC in Chicago.
Cook County Circuit Court case number 18-CH-12688