עובר שתבע באמצעות אמו את חב' הביטוח של המעביד בטענה כי שוק חשמלי שקיבלה האם בזמן העבודה פגע והזיק לעובר.

:JUSTICE COUSINS delivered the opinion of the court

This is a dispute over which of two insurance companies has to provide a defense
and possible indemnification to Insignia Financial Group, Inc. (Insignia), in
connection with an underlying tort case filed in the circuit court of Cook
County. The underlying complaint was filed against Insignia and seeks damages
,for in utero injuries sustained by Robert Kelley when his mother, Stacie Kelley
received an electric shock while she was employed by Insignia. Reliance
Insurance Company (Reliance) brought a declaratory judgment action, alleging
that it did not have a duty to defend or indemnify Insignia under its employers
liability policy. Royal Insurance Company of America (Royal) also sought a
declaration that it did not have a duty to defend or indemnify under its general
liability policy. Reliance's theory was that Robert suffered a direct injury and