U.S. FIDELITY v. STATE FARM MUT. AUTO. INS.

No. 80-559.

107 Ill. App.3d 190 (1982)

437 N.E.2d 663

UNITED STATES FIDELITY & GUARANTY COMPANY, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Defendants. — (CORNESHIA BARRON, a Minor, by Gloria Barron et al., her Parents and Next Friends, et al., Defendants-Appellants.)

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied July 6, 1982.


Attorney(s) appearing for the Case

Ronald H. Balson and John P. Block, both of Chicago, and Imming, Faber & Roeser, Chartered, of Elgin (Robert J. Anderson and Stephen M. Deitsch, of Callum, Anderson & Deitsch, of counsel), for appellants.

Kralovec, Marquard, Doyle, Gibbons & Fraterrigo, Chartered, of Chicago (Michael T. Sprengnether, of counsel), for appellee.


Reversed and remanded.

JUSTICE RIZZI delivered the opinion of the court:

Plaintiff, United States Fidelity & Guaranty Company, brought a declaratory judgment action against defendants to determine whether it owes a defense and coverage under an insurance policy it issued to defendant Happyland Day Care Center. The trial court granted USF&G's motion for summary judgment, ruling that there is no coverage under the policy. We reverse and remand.

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