"Further, a court considering whether a duty to defend is owed may look beyond the allegations of the complaint and take notice of unpleaded but uncontested facts, including evidence obtained during discovery and the allegations of third-party complaints, so long as the court does not actually determine ultimate questions of liability." Illinois Constructors Corp. v. United Fire & Cas. Co., 2019 WL 6907427 (Ill. App. Ct. 2019) (emphasis added) (citing Wilson, 930 N.E.2d at 1020 ("not only the contents of third-party complaints in the underlying action but other evidence may be considered in determining the insurer's duty to defend")). Here, the second element can be met whether this Court considers the facts alleged in the original or amended third-party complaint because both support a theory that Shores is vicariously liable for Rock Branch's negligence (Docs.