Failing to Understand the Contract it Wrote Cost the Sox
Barry Zalma
Nov 14, 2023
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The Chicago White Sox, Ltd., et al (the White Sox plaintiffs), and State Automobile Mutual Insurance Company (State Auto), the insurer for defendant We Clean Maintenance and Supplies, Inc. (We Clean) disputed whether the White Sox were additional insureds of We Clean’s policy with State Auto.
After a patron was injured at a Chicago White Sox game, he sued the White Sox plaintiffs alleging that State Auto had wrongfully denied coverage. The circuit court granted summary judgment in favor of State Auto.
In Chicago White Sox, Ltd. et al v. State Automobile Mutual Insurance Company et al, No. 1-23-0101, 2023 IL App (1st) 230101-U, Court of Appeals of Illinois (November 8, 2023)
BACKGROUND
The White Sox plaintiffs entered into a series of written agreements with We Clean who agreed to provide cleaning services for all home games played by the Chicago White Sox during the applicable baseball season.
In 2011 Raymond Myles was injured as he was walking down a ramp. Myles sued. The lawsuit was ultimately settled for an undisclosed amount.
We Clean was insured by State Auto under a commercial general liability insurance policy.
The circuit court granted State Auto’s motion for summary judgment because there was no contract requiring the White Sox to be an additional insured.
ANALYSIS
Without a written agreement there was no basis for finding additional insureds and the circuit court properly granted summary judgment in favor of State Auto.
CONCLUSION
The circuit court properly granted summary judgment since there was no written agreement between We Clean and the White Sox plaintiffs requiring the White Sox plaintiffs to be named as additional insureds under We Clean’s policy, the White Sox plaintiffs were not entitled to coverage by State Auto.
ZALMA OPINION
Reading the full policy is a requirement of everyone who is involved in acquiring or making claims against an insurance policy. The White Sox failed to create a contract with We Clean requiring it to make the White Sox an additional insured. Since it failed to include that requirement in the We Clean contract the White Sox gave up the right to be an additional insured of We Clean and the Sox and its insurer was obligated to defend it without help from We Clean’s insurer.
(c) 2023 Barry Zalma & ClaimSchool, Inc.
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When I finished my three year enlistment in the US Army as a Special Agent of US Army Intelligence in 1967, I sought employment where I could use the investigative skills I learned in the Army. After some searching I was hired as a claims trainee by the Fireman’s Fund American Insurance Company. For five years, while attending law school at night while working full time as an insurance adjuster I became familiar with every aspect of the commercial insurance industry.
On January 2, 1972 I was admitted to the California Bar. I practiced law, specializing in insurance claims, insurance coverage and defense of claims against people insured and defense of insurance companies sued for breach of contract and breach of the implied covenant of good faith and fair dealing. After 45 years as an active lawyer, I asked that my license to practice law be declared inactive ...
