Daly v. W.E. O'Neil Const. Co.

3 Citing cases

  1. Vandygriff v. Commonwealth Edison Co.

    408 N.E.2d 1129 (Ill. App. Ct. 1980)   Cited 10 times
    In Vandygriff v. Commonwealth Edison Co. (1980), 87 Ill. App.3d 374, 408 N.E.2d 1129, the court determined that the parties intended to look solely to the insurance policy to fulfill the third-party defendant's indemnification obligation.

    We cannot believe Newberg intended the insurance for any purpose other than to protect itself from just such a suit as this. Rome cites Daly v. W.E. O'Neil Construction Co. (1971), 133 Ill. App.2d 655, 273 N.E.2d 505, to support its position. In Daly, the trial court had adjudicated that Bethlehem Steel Corporation owed an indemnity to the city of Chicago based upon a theory of active/passive negligence.

  2. Rome v. Commonwealth Edison Co.

    81 Ill. App. 3d 776 (Ill. App. Ct. 1980)   Cited 33 times
    Holding the court would consider an argument raised in the brief of appellee and in the reply brief of appellant

    In Shell Oil Co. the court held that the indemnitee's insurer, who had paid the indemnitee's liability and who was subrogated to the rights of the indemnitee, may recover from the indemnitor. Similarly, in Daly v. W.E. O'Neil Construction Co. (1971), 133 Ill. App.2d 655, 273 N.E.2d 505, the court held that the indemnitee's insurer and the indemnitor were co-obligors and that since the insurer was subrogated to the rights of the indemnitee, the indemnitor could not recover from the insurer. In Daly, Bethlehem Steel Corporation entered into a construction contract with the City of Chicago, and it agreed to procure two workmen's compensation insurance policies for the protection of itself and the city.

  3. Erickson v. Bituminous Cas. Corp.

    10 Ill. App. 3d 19 (Ill. App. Ct. 1973)   Cited 1 times
    In Erickson, as in the instant case, plaintiff employee sued defendants, who brought a third-party contribution action against the employer.

    Bituminous contends that the trial court erred in allowing the motion to strike and in entering judgment. Its contention is premised on section 5(b) of the Workmen's Compensation Act, on the subrogation provision of the policy, and on two opinions of this court: Continental Casualty Co. v. Sweda (1969), 113 Ill. App.2d 423, 251 N.E.2d 65, and Daly v. W.E. O'Neil Construction Co. (1971), 133 Ill. App.2d 655, 273 N.E.2d 505. • 1 Section 5(b) of the compensation act (Ill.