Preview
FILED
Hearing Date: 9/16/2024 10:30 AM 5/16/2024 3:55 PM
Location: Court Room 2102 IRIS Y. MARTINEZ
Judge: Atkins, David B. CIRCUIT CLERK
COOK COUNTY, IL
2024CH04626
Calendar, 16
27730386
FILED DATE: 5/16/2024 3:55 PM 2024CH04626
Chancery Division Civil Cover Sheet
General Chancery Section (12/01/20) CCCH 0623
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
HASTINGS MUTUAL COMPANY
Plaintiff 2024CH04626
v. Case No:
AFFORDABLE WELDING US, INC. and RICK CULLUM
Defendant
CHANCERY DIVISION CIVIL COVER SHEET
GENERAL CHANCERY SECTION
A Chancery Division Civil Cover Sheet - General Chancery Section shall be filed with the initial complaint in all actions filed in the General
Chancery Section of Chancery Division. The information contained herein is for administrative purposes only. Please check the box in
front of the appropriate category which best characterizes your action being filed.
Only one (1) case type may be checked with this cover sheet.
0005 Administrative Review 0017 Mandamus
0001 Class Action 0018 Ne Exeat
0002 ✔ Declaratory Judgment 0019 Partition
0004 Injunction 0020 Quiet Title
0021 Quo Warranto
0007 General Chancery 0022 Redemption Rights
0010 Accounting 0023 Reformation of a Contract
0011 Arbitration 0024 Rescission of a Contract
0012 Certiorari 0025 Specific Performance
0013 Dissolution of Corporation 0026 Trust Construction
0014 Dissolution of Partnership 0050 Internet Take Down Action (Compromising Images)
0015 Equitable Lien
0016 Interpleader Other (specify) ____________________________
44613
Atty. No.: ________________ Pro Se 99500
Pro Se Only: I have read and agree to the terms of the Clerk’s
Atty Name: John D. Hackett Clerk’s Office Electronic Notice Policy and
choose to opt in to electronic notice from the
Atty. for: Hastings Mutual Insurance Company Clerk’s office for this case at this email address:
Address: 222 W. Adams St., Ste. 2900
Email:
Chicago
City: ____________________________ IL
State: ____
60606
Zip: ________
(312) 641-3100
Telephone: ________________________
Primary Email: jhackett@cassiday.com
Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois
cookcountyclerkofcourt.org
Page 1 of 1
FILED DATE: 5/16/2024 3:55 PM 2024CH04626
19708/052260/JDH Firm ID No. 44613
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
HASTINGS MUTUAL INSURANCE COMPANY,
Plaintiff,
v. No. 2024CH04626
AFFORDABLE WELDING US, INC., and RICK CULLUM,
Defendants.
COMPLAINT FOR DECLARATORY JUDGMENT
NOW COMES the Plaintiff, HASTINGS MUTUAL INSURANCE COMPANY
(“HMIC”), by and through its attorneys, CASSIDAY SCHADE LLP, and for its Complaint for
Declaratory Judgment against the Defendants, AFFORDABLE WELDING US, INC.
(“Affordable Welding”), and RICK CULLUM (“Cullum”), pursuant to section 5/2-701 of the
Illinois Code of Civil Procedure, 735 ILCS 5/2-701, hereby states as follows:
INTRODUCTION
1. This is an action for declaratory judgment pursuant to 735 ILCS 5/2-701, wherein
HMIC seeks a determination of its rights and obligations under two insurance policies that it
issued to DePasquale Steel Erectors, Inc. (“DePasquale”), including a declaration that HMIC
does not owe a duty to defend or indemnify Affordable Welding in connection with an
underlying lawsuit entitled: Rick Cullum v. Affordable Welding US, Inc., Case No.
2023L002930, which is pending in the Circuit Court of Cook County, Law Division (the
“Underlying Lawsuit”).
THE PARTIES AND VENUE
2. Plaintiff, HMIC, is a Michigan corporation authorized to conduct business in the
FILED DATE: 5/16/2024 3:55 PM 2024CH04626
State of Illinois.
3. Defendant, Affordable Welding, is an Illinois corporation with its principal place
of business located in Cook County, Illinois.
4. Defendant, Cullum, is an individual and the plaintiff in the Underlying Lawsuit at
issue in this Declaratory Judgment Action, and he is named herein only for the purpose of
binding him to any rulings issued by the Court in the Declaratory Judgment Action.
5. Venue is appropriate in this jurisdiction because the accident alleged in the
Underlying Lawsuit occurred in the County of Cook, State of Illinois.
THE UNDERLYING LAWSUIT
6. On March 24, 2023, Cullum filed a Complaint in the Underlying Lawsuit against
Affordable Welding for personal injuries and alleging construction negligence. A true and
correct copy of the Underlying Lawsuit is attached hereto and made a part hereof as Exhibit “A.”
7. The Underlying Complaint alleges that on July 12, 2021, Cullum was working for
DePasquale at a construction project located at 9700 S. Cass Avenue in Lemont, Illinois (the
“Argonne Project”) when Cullum was allegedly injured by a rolling steel beam.
8. The Underlying Complaint alleges that Affordable Welding was present at
Argonne Project on or about July 12, 2021, and was responsible for and in charge of, delivery,
erection, construction, and placement of steel beams.
9. The Underlying Complaint further alleges that Affordable Welding had the
authority to supervise, coordinate, direct, stop, refuse, and make changes to the work relating to
steel beams delivered to the Argonne Project on or about July 12, 2021.
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10. The Underlying Lawsuit’s Complaint contains three counts of construction
negligence theories against Affordable Welding.
FILED DATE: 5/16/2024 3:55 PM 2024CH04626
11. The first count of the Underlying Complaint alleges that Affordable Welding
owed Cullum a duty under Section 414 of the Restatement (Second) of Torts and Affordable
Welding breached that duty in one or more of the following ways and the breach caused Cullum
to sustain personal injuries:
a. Failed to load or place steel beams in the truck in a safe manner so
as to give proper and adequate protection to people working with
the steel beams;
b. Failed to provide, erect, load, or place steel beams in a safe manner
on the truck so as to give adequate protection to Cullum and others
similarly situated;
c. Failed to provide, erect, or place adequate cribbing and/or supports
in a safe manner on the truck so as to give adequate protection to
Cullum and others;
d. Failed to maintain the load of steel beams in a reasonably safe
way;
e. Failed to load steel on the truck with adequate stability and/or to
provide an adequately stable load for unloading;
f. Failed to adequately preplan for the safe, suitable and proper
placement, positioning, or loading of the steel beams on the truck;
g. Failed to warn of the danger of the load of steel beams;
h. Failed to warn of the aforementioned a-f;
i. Failed to adequately train to correct, maintain, and/or prevent the
aforementioned a-f;
j. Failed to have adequate policies, procedures, protocols, and/or
jobsite rules to correct, maintain, and/or prevent the
aforementioned a-f;
k. Failed to adequately preplan to prevent the aforementioned a-g;
and/or
l. Was otherwise careless and negligent.
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12. The second count of the Underlying Complaint alleges that Affordable Welding
FILED DATE: 5/16/2024 3:55 PM 2024CH04626
owed Cullum a duty under Section 343 of the Restatement (Second) of Torts and Affordable
Welding breached that duty in one or more of the following ways and the breach caused Cullum
to sustain personal injuries:
a. Failed to load or place steel beams in the truck in a safe manner so as
to give proper and adequate protection to people working with the
steel beams;
b. Failed to provide, erect, load, or place steel beams in a safe manner on
the truck so as to give adequate protection to Cullum and others
similarly situated;
c. Failed to provide, erect, or place adequate cribbing and/or supports in
a safe manner on the truck so as to give adequate protection to Cullum
and others;
d. Failed to maintain the load of steel beams in a reasonably safe way;
e. Failed to load steel on the truck with adequate stability and/or to
provide an adequately stable load for unloading;
f. Failed to adequately preplan for the safe, suitable and proper
placement, positioning, or loading of the steel beams on the truck;
g. Failed to warn of the danger of the load of steel beams;
h. Failed to warn of the aforementioned a-f;
i. Failed to adequately train to correct, maintain, and/or prevent the
aforementioned a-f;
j. Failed to have adequate policies, procedures, protocols, and/or jobsite
rules to correct, maintain, and/or prevent the aforementioned a-f;
k. Failed to adequately preplan to prevent the aforementioned a-g; and/or
l. Was otherwise careless and negligent.
13. The third count of the Underlying Complaint alleges that Affordable Welding is
guilty of ordinary construction negligence by failing to exercise reasonable care in one or more
of the following ways which caused Cullum to sustain personal injuries:
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a. Failed to load or place steel beams in the truck in a safe manner so as
to give proper and adequate protection to people working with the
steel beams;
FILED DATE: 5/16/2024 3:55 PM 2024CH04626
b. Failed to provide, erect, load, or place steel beams in a safe manner on
the truck so as to give adequate protection to Cullum and others
similarly situated;
c. Failed to provide, erect, or place adequate cribbing and/or supports in
a safe manner on the truck so as to give adequate protection to Cullum
and others;
d. Failed to maintain the load of steel beams in a reasonably safe way;
e. Failed to load steel on the truck with adequate stability and/or to
provide an adequately stable load for unloading;
f. Failed to adequately preplan for the safe, suitable and proper
placement, positioning, or loading of the steel beams on the truck;
g. Failed to warn of the danger of the load of steel beams;
h. Failed to warn of the aforementioned a-f;
i. Failed to adequately train to correct, maintain, and/or prevent the
aforementioned a-f;
j. Failed to have adequate policies, procedures, protocols, and/or jobsite
rules to correct, maintain, and/or prevent the aforementioned a-f;
k. Failed to adequately preplan to prevent the aforementioned a-g; and/or
l. Was otherwise careless and negligent.
14. The Underlying Complaint requests relief for compensatory damages in excess of
$50,000.00 and the costs incurred by the Plaintiff in the Underlying Lawsuit.
THE HMIC COMMERCIAL GENERAL LIABILITY POLICY
15. HMIC issued Commercial General Liability No. GL 6218054 to DePasquale for
the policy period of May 29, 2021, to May 29, 2022 (the “CGL Policy”). A true and correct copy
of the CGL Policy is attached as Exhibit “B.”
16. The CGL Policy provides, in part, as follows:
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SECTION I – COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
FILED DATE: 5/16/2024 3:55 PM 2024CH04626
LIABILITY.
Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to
pay as damages because of "bodily injury" or "property damage" to
which this insurance applies. We will have the right and duty to defend
the insured against any "suit" seeking those damages. However, we
will have no duty to defend the insured against any "suit" seeking
damages for "bodily injury" or "property damage" to which this
insurance does not apply. We may, at our discretion, investigate any
"occurrence" and settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is limited as described in
Section III – Limits Of Insurance; and
(2) Our right and duty to defend ends when we have used up the
applicable limit of insurance in the payment of judgments or
settlements under Coverages A or B or medical expenses under
Coverage C.
No other obligation or liability to pay sums or perform acts or services
is covered unless explicitly provided for under Supplementary
Payments – Coverages A and B.
b. This insurance applies to “bodily injury” and “property damage” only
if:
(1) The “bodily injury” or “property damage” is caused by an
“occurrence” that takes place in the “coverage territory;”
(2) The “bodily injury” or “property damage” occurs during the
policy period; …
2. Exclusions
This insurance does not apply to:…
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out of the ownership,
maintenance, use or entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or loaned to any insured.
Use includes operation and "loading or unloading"….
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SECTION V – DEFINITIONS
2. "Auto" means:
FILED DATE: 5/16/2024 3:55 PM 2024CH04626
a. A land motor vehicle, trailer or semitrailer designed for travel
on public roads, including any attached machinery or
equipment; or
b. Any other land vehicle that is subject to a compulsory or
financial responsibility law or other motor vehicle insurance
law where it is licensed or principally garaged….
3. "Bodily injury" means bodily injury, sickness or disease sustained by a
person, including death resulting from any of these at any time….
11. “Loading or unloading” means the handling of property:
a. After it is moved from the place where it is accepted for
movement into or onto an aircraft, watercraft or “auto;”
b. While it is in or on an aircraft, watercraft or “auto;” or
c. While it is being moved from an aircraft, watercraft or “auto”
to the place where it is finally delivered;…
13. "Occurrence" means an accident, including continuous or repeated
exposure to substantially the same general harmful conditions.
* * *
LIABILITY COVERAGE EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
* * *
Additional Insured by Contract, Agreement or Permit
A. The following is added under Section II – Who Is An Insured:
Any person or organization with whom you agreed, because of a
written contract or written agreement, is an insured but only with
respect to liability arising out of your ongoing operations performed
for that insured, or facilities owned or used by you.
With respect to the insurance afforded to these additional insureds, the
following exclusions apply:
1. The rendering of or failure to render professional services;
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2. Liability arising out of the sole negligence of the additional
insured or by those acting on behalf of the additional insured;
or
FILED DATE: 5/16/2024 3:55 PM 2024CH04626
3. "Bodily injury" or "property damage" occurring after:
a. All work, including materials, parts or equipment
furnished in connection with such work, on the project
(other than service, maintenance or repairs) to be
performed by or on behalf of the additional insured(s)
at the site of the covered operations has been
completed; or
b. That portion of "your work" out of which the injury or
damage arises has been put to its intended use by any
person or organization other than another contractor or
subcontractor engaged in performing operations for a
principal as a part of the same project.
However:
1. The insurance afforded to such additional insured only
applies to the extent permitted by law; and
2. If coverage provided to the additional insured is
required by a written contract or written agreement, the
insurance afforded to such additional insured will not
be broader than that which you are required by the
contract or agreement to provide for such additional
insured.
B. With respect to the insurance afforded to these additional insureds, the
following is added to Section III – Limits Of Insurance:
If coverage provided to the additional insured is required by a written
contract or written agreement, the most we will pay on behalf of the
additional insured is the amount of insurance:
1. Required by the written contract or written agreement; or
2. Available under the applicable Limits of Insurance shown in the
Declarations,
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance
shown in the Declarations…...
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* * *
THE HMIC BUSINESS AUTO POLICY
FILED DATE: 5/16/2024 3:55 PM 2024CH04626
17. HMIC issued Business Auto Policy No. ACV6218056 to DePasquale for the
policy period of May 29, 2021, to May 29, 2022 (the “BAP Policy”). A true and correct copy of
the Hastings BAP is attached as Exhibit “C.”
18. The Hastings BAP provides as follows:
SECTION I – COVERED AUTOS
Item Two of the Declarations shows the "autos" that are covered "autos" for
each of your coverages. The following numerical symbols describe the
"autos" that may be covered "autos". The symbols entered next to a coverage
on the Declarations designate the only "autos" that are covered "autos".
A. Description Of Covered Auto Designation Symbols
Symbol Description Of Covered Auto Designation Symbols
1 Any “Auto”
SECTION II – COVERED AUTOS LIABILITY COVERAGE
A. Coverage
We will pay all sums an "insured" legally must pay as damages
because of "bodily injury" or "property damage" to which this
insurance applies, caused by an "accident" and resulting from the
ownership, maintenance or use of a covered "auto"….
We have the right and duty to defend any "insured" against a "suit"
asking for such damages or a "covered pollution cost or expense".
However, we have no duty to defend any "insured" against a "suit"
seeking damages for "bodily injury" or "property damage" or a
"covered pollution cost or expense" to which this insurance does not
apply. We may investigate and settle any claim or "suit" as we
consider appropriate. Our duty to defend or settle ends when the
Covered Autos Liability Coverage Limit of Insurance has been
exhausted by payment of judgments or settlements.
1. Who Is An Insured
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The following are "insureds":
a. You for any covered "auto".
FILED DATE: 5/16/2024 3:55 PM 2024CH04626
b. Anyone else while using with your permission a covered
"auto" you own, hire or borrow except:
(1) The owner or anyone else from whom you hire
or borrow a covered "auto"….
c. Anyone liable for the conduct of an "insured" described
above but only to the extent of that liability.
B. Exclusions
7. Handling Of Property
"Bodily injury" or "property damage" resulting from the
handling of property:
a. Before it is moved from the place where it is accepted
by the "insured" for movement into or onto the covered
"auto"; or
b. After it is moved from the covered "auto" to the place
where it is finally delivered by the "insured".
8. Movement Of Property By Mechanical Device
"Bodily injury" or "property damage" resulting from the
movement of property by a mechanical device (other than a
hand truck) unless the device is attached to the covered "auto".
9. Operations
"Bodily injury" or "property damage" arising out of the
operation of:
a. Any equipment listed in Paragraphs 6.b. and 6.c. of the
definition of "mobile equipment"; or
b. Machinery or equipment that is on, attached to or part
of a land vehicle that would qualify under the definition
of "mobile equipment" if it were not subject to a
compulsory or financial responsibility law or other
motor vehicle insurance law where it is licensed or
principally garaged.
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SECTION IV – BUSINESS AUTO CONDITIONS
The following conditions apply to the Common Policy Conditions: …
FILED DATE: 5/16/2024 3:55 PM 2024CH04626
B. General Conditions
5. Other Insurance
a. For any covered "auto" you own, this Coverage Form
provides primary insurance. For any covered "auto" you
don't own, the insurance provided by this Coverage
Form is excess over any other collectible insurance.
However, while a covered "auto" which is a "trailer" is
connected to another vehicle, the Covered Autos
Liability Coverage this Coverage Form provides for the
"trailer" is:
(1) Excess while it is connected to a motor vehicle
you do not own; or
(2) Primary while it is connected to a covered "auto"
you own….
SECTION V – DEFINITIONS
A. "Accident" includes continuous or repeated exposure to the same
conditions resulting in "bodily injury" or "property damage".
B. "Auto" means:
1. A land motor vehicle, "trailer" or semitrailer designed for
travel on public roads; or
2. Any other land vehicle that is subject to a compulsory or
financial responsibility law or other motor vehicle insurance
law where it is licensed or principally garaged.
However, "auto" does not include "mobile equipment".
C. "Bodily injury" means bodily injury, sickness or disease sustained by a
person, including death resulting from any of these.
G. "Insured" means any person or organization qualifying as an insured in
the Who Is An Insured provision of the applicable coverage. Except with
respect to the Limit of Insurance, the coverage afforded applies separately
to each insured who is seeking coverage or against whom a claim or
"suit" is brought.
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K. "Mobile equipment" means any of the following types of land
vehicles, including any attached machinery or equipment:
FILED DATE: 5/16/2024 3:55 PM 2024CH04626
1. Bulldozers, farm machinery, forklifts and other vehicles
designed for use principally off public roads;
2. Vehicles maintained for use solely on or next to premises you
own or rent;
3. Vehicles, whether self-propelled or not, maintained primarily to
provide mobility to permanently mounted:
a. Power cranes, shovels, loaders, diggers or drills; or
b. Road construction or resurfacing equipment such as
graders, scrapers or rollers;
4. Vehicles, whether self-propelled or not, maintained primarily
to provide mobility to permanently mounted:
a. Power cranes, shovels, loaders, diggers or drills; or
b. Road construction or resurfacing equipment such as
graders, scrapers or rollers;….
However, "mobile equipment" does not include land vehicles
that are subject to a compulsory or financial responsibility law
or other motor vehicle insurance law where it is licensed or
principally garaged. Land vehicles subject to a compulsory or
financial responsibility law or other motor vehicle insurance
law are considered "autos".
* * *
DESIGNATED INSURED – PRIMARY AND NON-CONTRIBUTORY
INSURANCE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the
Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds"
under the Who Is An Insured Provision of the Coverage Form. This endorsement
does not alter coverage provided in the Coverage Form.
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This endorsement changes the policy effective on the inception date of the
policy unless another date is indicated below:…
FILED DATE: 5/16/2024 3:55 PM 2024CH04626
Any person or organization with whom you agreed because of a written
contract, agreement or permit, to provide Liability Coverage afforded under
Section II of the Coverage Form, but only with respect to your ownership,
maintenance or use of a covered "auto". This coverage only applies to the
extent that person or organization qualifies as an "insured" under the
Preview
FILED Hearing Date: 9/16/2024 10:30 AM 5/16/2024 3:55 PM Location: Court Room 2102 IRIS Y. MARTINEZ Judge: Atkins, David B. CIRCUIT CLERK COOK COUNTY, IL 2024CH04626 Calendar, 16 27730386 FILED DATE: 5/16/2024 3:55 PM 2024CH04626 Chancery Division Civil Cover Sheet General Chancery Section (12/01/20) CCCH 0623 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION HASTINGS MUTUAL COMPANY Plaintiff 2024CH04626 v. Case No: AFFORDABLE WELDING US, INC. and RICK CULLUM Defendant CHANCERY DIVISION CIVIL COVER SHEET GENERAL CHANCERY SECTION A Chancery Division Civil Cover Sheet - General Chancery Section shall be filed with the initial complaint in all actions filed in the General Chancery Section of Chancery Division. The information contained herein is for administrative purposes only. Please check the box in front of the appropriate category which best characterizes your action being filed. Only one (1) case type may be checked with this cover sheet. 0005 Administrative Review 0017 Mandamus 0001 Class Action 0018 Ne Exeat 0002 ✔ Declaratory Judgment 0019 Partition 0004 Injunction 0020 Quiet Title 0021 Quo Warranto 0007 General Chancery 0022 Redemption Rights 0010 Accounting 0023 Reformation of a Contract 0011 Arbitration 0024 Rescission of a Contract 0012 Certiorari 0025 Specific Performance 0013 Dissolution of Corporation 0026 Trust Construction 0014 Dissolution of Partnership 0050 Internet Take Down Action (Compromising Images) 0015 Equitable Lien 0016 Interpleader Other (specify) ____________________________ 44613 Atty. No.: ________________ Pro Se 99500 Pro Se Only: I have read and agree to the terms of the Clerk’s Atty Name: John D. Hackett Clerk’s Office Electronic Notice Policy and choose to opt in to electronic notice from the Atty. for: Hastings Mutual Insurance Company Clerk’s office for this case at this email address: Address: 222 W. Adams St., Ste. 2900 Email: Chicago City: ____________________________ IL State: ____ 60606 Zip: ________ (312) 641-3100 Telephone: ________________________ Primary Email: jhackett@cassiday.com Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois cookcountyclerkofcourt.org Page 1 of 1 FILED DATE: 5/16/2024 3:55 PM 2024CH04626 19708/052260/JDH Firm ID No. 44613 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION HASTINGS MUTUAL INSURANCE COMPANY, Plaintiff, v. No. 2024CH04626 AFFORDABLE WELDING US, INC., and RICK CULLUM, Defendants. COMPLAINT FOR DECLARATORY JUDGMENT NOW COMES the Plaintiff, HASTINGS MUTUAL INSURANCE COMPANY (“HMIC”), by and through its attorneys, CASSIDAY SCHADE LLP, and for its Complaint for Declaratory Judgment against the Defendants, AFFORDABLE WELDING US, INC. (“Affordable Welding”), and RICK CULLUM (“Cullum”), pursuant to section 5/2-701 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-701, hereby states as follows: INTRODUCTION 1. This is an action for declaratory judgment pursuant to 735 ILCS 5/2-701, wherein HMIC seeks a determination of its rights and obligations under two insurance policies that it issued to DePasquale Steel Erectors, Inc. (“DePasquale”), including a declaration that HMIC does not owe a duty to defend or indemnify Affordable Welding in connection with an underlying lawsuit entitled: Rick Cullum v. Affordable Welding US, Inc., Case No. 2023L002930, which is pending in the Circuit Court of Cook County, Law Division (the “Underlying Lawsuit”). THE PARTIES AND VENUE 2. Plaintiff, HMIC, is a Michigan corporation authorized to conduct business in the FILED DATE: 5/16/2024 3:55 PM 2024CH04626 State of Illinois. 3. Defendant, Affordable Welding, is an Illinois corporation with its principal place of business located in Cook County, Illinois. 4. Defendant, Cullum, is an individual and the plaintiff in the Underlying Lawsuit at issue in this Declaratory Judgment Action, and he is named herein only for the purpose of binding him to any rulings issued by the Court in the Declaratory Judgment Action. 5. Venue is appropriate in this jurisdiction because the accident alleged in the Underlying Lawsuit occurred in the County of Cook, State of Illinois. THE UNDERLYING LAWSUIT 6. On March 24, 2023, Cullum filed a Complaint in the Underlying Lawsuit against Affordable Welding for personal injuries and alleging construction negligence. A true and correct copy of the Underlying Lawsuit is attached hereto and made a part hereof as Exhibit “A.” 7. The Underlying Complaint alleges that on July 12, 2021, Cullum was working for DePasquale at a construction project located at 9700 S. Cass Avenue in Lemont, Illinois (the “Argonne Project”) when Cullum was allegedly injured by a rolling steel beam. 8. The Underlying Complaint alleges that Affordable Welding was present at Argonne Project on or about July 12, 2021, and was responsible for and in charge of, delivery, erection, construction, and placement of steel beams. 9. The Underlying Complaint further alleges that Affordable Welding had the authority to supervise, coordinate, direct, stop, refuse, and make changes to the work relating to steel beams delivered to the Argonne Project on or about July 12, 2021. 2 10. The Underlying Lawsuit’s Complaint contains three counts of construction negligence theories against Affordable Welding. FILED DATE: 5/16/2024 3:55 PM 2024CH04626 11. The first count of the Underlying Complaint alleges that Affordable Welding owed Cullum a duty under Section 414 of the Restatement (Second) of Torts and Affordable Welding breached that duty in one or more of the following ways and the breach caused Cullum to sustain personal injuries: a. Failed to load or place steel beams in the truck in a safe manner so as to give proper and adequate protection to people working with the steel beams; b. Failed to provide, erect, load, or place steel beams in a safe manner on the truck so as to give adequate protection to Cullum and others similarly situated; c. Failed to provide, erect, or place adequate cribbing and/or supports in a safe manner on the truck so as to give adequate protection to Cullum and others; d. Failed to maintain the load of steel beams in a reasonably safe way; e. Failed to load steel on the truck with adequate stability and/or to provide an adequately stable load for unloading; f. Failed to adequately preplan for the safe, suitable and proper placement, positioning, or loading of the steel beams on the truck; g. Failed to warn of the danger of the load of steel beams; h. Failed to warn of the aforementioned a-f; i. Failed to adequately train to correct, maintain, and/or prevent the aforementioned a-f; j. Failed to have adequate policies, procedures, protocols, and/or jobsite rules to correct, maintain, and/or prevent the aforementioned a-f; k. Failed to adequately preplan to prevent the aforementioned a-g; and/or l. Was otherwise careless and negligent. 3 12. The second count of the Underlying Complaint alleges that Affordable Welding FILED DATE: 5/16/2024 3:55 PM 2024CH04626 owed Cullum a duty under Section 343 of the Restatement (Second) of Torts and Affordable Welding breached that duty in one or more of the following ways and the breach caused Cullum to sustain personal injuries: a. Failed to load or place steel beams in the truck in a safe manner so as to give proper and adequate protection to people working with the steel beams; b. Failed to provide, erect, load, or place steel beams in a safe manner on the truck so as to give adequate protection to Cullum and others similarly situated; c. Failed to provide, erect, or place adequate cribbing and/or supports in a safe manner on the truck so as to give adequate protection to Cullum and others; d. Failed to maintain the load of steel beams in a reasonably safe way; e. Failed to load steel on the truck with adequate stability and/or to provide an adequately stable load for unloading; f. Failed to adequately preplan for the safe, suitable and proper placement, positioning, or loading of the steel beams on the truck; g. Failed to warn of the danger of the load of steel beams; h. Failed to warn of the aforementioned a-f; i. Failed to adequately train to correct, maintain, and/or prevent the aforementioned a-f; j. Failed to have adequate policies, procedures, protocols, and/or jobsite rules to correct, maintain, and/or prevent the aforementioned a-f; k. Failed to adequately preplan to prevent the aforementioned a-g; and/or l. Was otherwise careless and negligent. 13. The third count of the Underlying Complaint alleges that Affordable Welding is guilty of ordinary construction negligence by failing to exercise reasonable care in one or more of the following ways which caused Cullum to sustain personal injuries: 4 a. Failed to load or place steel beams in the truck in a safe manner so as to give proper and adequate protection to people working with the steel beams; FILED DATE: 5/16/2024 3:55 PM 2024CH04626 b. Failed to provide, erect, load, or place steel beams in a safe manner on the truck so as to give adequate protection to Cullum and others similarly situated; c. Failed to provide, erect, or place adequate cribbing and/or supports in a safe manner on the truck so as to give adequate protection to Cullum and others; d. Failed to maintain the load of steel beams in a reasonably safe way; e. Failed to load steel on the truck with adequate stability and/or to provide an adequately stable load for unloading; f. Failed to adequately preplan for the safe, suitable and proper placement, positioning, or loading of the steel beams on the truck; g. Failed to warn of the danger of the load of steel beams; h. Failed to warn of the aforementioned a-f; i. Failed to adequately train to correct, maintain, and/or prevent the aforementioned a-f; j. Failed to have adequate policies, procedures, protocols, and/or jobsite rules to correct, maintain, and/or prevent the aforementioned a-f; k. Failed to adequately preplan to prevent the aforementioned a-g; and/or l. Was otherwise careless and negligent. 14. The Underlying Complaint requests relief for compensatory damages in excess of $50,000.00 and the costs incurred by the Plaintiff in the Underlying Lawsuit. THE HMIC COMMERCIAL GENERAL LIABILITY POLICY 15. HMIC issued Commercial General Liability No. GL 6218054 to DePasquale for the policy period of May 29, 2021, to May 29, 2022 (the “CGL Policy”). A true and correct copy of the CGL Policy is attached as Exhibit “B.” 16. The CGL Policy provides, in part, as follows: 5 SECTION I – COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE FILED DATE: 5/16/2024 3:55 PM 2024CH04626 LIABILITY. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A and B. b. This insurance applies to “bodily injury” and “property damage” only if: (1) The “bodily injury” or “property damage” is caused by an “occurrence” that takes place in the “coverage territory;” (2) The “bodily injury” or “property damage” occurs during the policy period; … 2. Exclusions This insurance does not apply to:… g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading"…. 6 SECTION V – DEFINITIONS 2. "Auto" means: FILED DATE: 5/16/2024 3:55 PM 2024CH04626 a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged…. 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time…. 11. “Loading or unloading” means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or “auto;” b. While it is in or on an aircraft, watercraft or “auto;” or c. While it is being moved from an aircraft, watercraft or “auto” to the place where it is finally delivered;… 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. * * * LIABILITY COVERAGE EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM * * * Additional Insured by Contract, Agreement or Permit A. The following is added under Section II – Who Is An Insured: Any person or organization with whom you agreed, because of a written contract or written agreement, is an insured but only with respect to liability arising out of your ongoing operations performed for that insured, or facilities owned or used by you. With respect to the insurance afforded to these additional insureds, the following exclusions apply: 1. The rendering of or failure to render professional services; 7 2. Liability arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured; or FILED DATE: 5/16/2024 3:55 PM 2024CH04626 3. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a written contract or written agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a written contract or written agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations…... 8 * * * THE HMIC BUSINESS AUTO POLICY FILED DATE: 5/16/2024 3:55 PM 2024CH04626 17. HMIC issued Business Auto Policy No. ACV6218056 to DePasquale for the policy period of May 29, 2021, to May 29, 2022 (the “BAP Policy”). A true and correct copy of the Hastings BAP is attached as Exhibit “C.” 18. The Hastings BAP provides as follows: SECTION I – COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any “Auto” SECTION II – COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto"…. We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured 9 The following are "insureds": a. You for any covered "auto". FILED DATE: 5/16/2024 3:55 PM 2024CH04626 b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto"…. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. B. Exclusions 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"; or b. Machinery or equipment that is on, attached to or part of a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10 SECTION IV – BUSINESS AUTO CONDITIONS The following conditions apply to the Common Policy Conditions: … FILED DATE: 5/16/2024 3:55 PM 2024CH04626 B. General Conditions 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own…. SECTION V – DEFINITIONS A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these. G. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. 11 K. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: FILED DATE: 5/16/2024 3:55 PM 2024CH04626 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers;…. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". * * * DESIGNATED INSURED – PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. 12 This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below:… FILED DATE: 5/16/2024 3:55 PM 2024CH04626 Any person or organization with whom you agreed because of a written contract, agreement or permit, to provide Liability Coverage afforded under Section II of the Coverage Form, but only with respect to your ownership, maintenance or use of a covered "auto". This coverage only applies to the extent that person or organization qualifies as an "insured" under the