United Stationers Supply Co. v. Zurich American Insurance Co.

              THIRD DIVISION
September 30, 2008
1-07-1807
ZURICH AMERICAN INSURANCE COMPANY, ))
Plaintiff-Appellee, ) Appeal from the
) Circuit Court of
v. ) Cook County.
)
KEY CARTAGE, INC., an Illinois Corporation, WEST )
BEND MUTUAL INSURANCE COMPANY, a )
Wisconsin Corporation, TERRY G. WASHINGTON and )
SEVALA SALKIC, as Special Administrator of the Estate )
of Enes Salkic, Deceased, ) Honorable
) Dorothy Kirie Kinnaird,
Defendants-Appellant. ) Judge Presiding.
JUSTICE QUINN delivered the opinion of the court:
Defendants West Bend Mutual Insurance Company (West Bend), Key Cartage, Inc. (Key),
and Terry G. Washington appeal from an order of the circuit court of Cook County granting
summary judgment in favor of plaintiff, Zurich American Insurance Company (Zurich), in a
declaratory judgment action brought by Zurich to determine insurance coverage. The underlying
litigation, a wrongful death action arising from a fatal truck accident, was brought by the estate of
Enes Salkic against West Bend’s insureds, Key and Washington. The circuit court found that West
Bend owes the primary duty to defend and indemnify Key and Washington in the underlying
litigation. On appeal, we determine whether the circuit court properly granted summary judgment