Case Law Update: Unfiltered Flourescent Light and Contractor Liability

The trial court correctly concluded that insurer of lighting contractor had duty to defend owner of building, as additional insured, in litigation for personal injuries sustained by occupant for injuries she sustained as result of exposure to unfiltered fluorescent lighting. In American Economy Insurance Company v. DePaul University, No. 1-05-4027 (May 30, 2008), the Court wrote that even though owner is the drafter of third party complaint against electrical subcontractor, there is additional evidence in case, not supplied by owner, to bring complaint within coverage of policy. Complaint alleges that plaintiff was injured as result of negligent “selection and installation” of lighting fixtures, bringing it within potential coverage.

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