Concluding that, where the new arguments were available to the party below, "the circumstances . . . do not militate in favor of an exercise of discretion"
Holding that "a duty to defend an additional insured is not contingent on there having been an adjudication of liability giving rise to a duty to indemnify the additional insured"
186 Ill. 2d 127 (Ill. 1999) Cited 359 times 3 Legal Analyses
Holding that the "undisputed facts compel the legal conclusion that Wausau's refusal to defend the Wyoming suit was vexatious and unreasonable as a matter of law"