Robert Chemers and David Larson won an affirmance in the Appellate Court, First District.
Robert Chemers and David Larson won an affirmance in the Appellate Court, First District, of the summary judgment entered by the circuit court for their insurer client in a coverage dispute with a plaintiff insurer over whether the plaintiff insurer’s named insured was an additional insured on the policy issued by our insurer client to a cleaning service.
Our client’s policy extended insured status to any person or organization with whom the cleaning service agreed in a written contract or written agreement to name such person or organization as an additional insured. The issue was whether there was a written contract requiring the cleaning service to name anyone as an additional insured, and the plaintiff insurer admitted that the separate insurance requirements agreement did not exist. Since there was no written contract, not an additional insured. The plaintiff insurer could not use extrinsic evidence to prove the terms of a written contract which never existed, but could have used such evidence to prove the terms of a writing which existed but was missing.
Here, the Appellate Court issued its decision only 7 days after the in person oral argument.