The Appellate Court of Illinois reversed an insurer’s summary judgment win in a declaratory judgment action due to a pending cross-claim for breach of contract in the underlying action. The insurer sought a declaration that it owed no duty to defend or indemnify a first-tier subcontractor as an additional insured in a wrongful death action filed against the general contractor, the first-tier subcontractor, and the policyholder, a second-tier subcontractor. The insurer argued that the first tier subcontractor was never named as an additional insured under its policy, despite a certificate of insurance suggesting it had. In addition, no party could produce a signed copy of the contract between the two subcontractors, the blank form of which contained a promise to add the first tier contractor as an additional insured. The court held that because the first tier subcontractor filed a cross-claim against the second tier subcontractor for breach of contract on that issue in the underlying wrongful death action, it was improper for the trial court to make a finding on that same issue in ruling on the insurer’s declaratory judgment action.