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MOUNT VERNON FIRE v. HEAVEN'S LITTLE HANDS

No. 1-02-1771.

795 N.E.2d 1034 (2003)

277 Ill.Dec. 366

MOUNT VERNON FIRE INSURANCE COMPANY, Plaintiff-Appellant and Counterdefendant, v. HEAVEN'S LITTLE HANDS DAY CARE, a not for profit Illinois Corporation, Leon Taylor, Individually, Minnie Taylor, Individually and as Employee and/or agent of Heaven's Little Hands Day Care, and Margaret Jones, Individually and as Special Executor of the Estate of Tyrelle Jones, deceased, Defendants-Appellees (Jefferson Insurance Company of New York, Intervenor and Defendant and Counterplaintiff-Appellee).

Appellate Court of Illinois, First District, Fifth Division.

August 22, 2003.

Attorney(s) appearing for the Case

Tribler, Orpett & Meyer, P.C., Chicago (Mitchell A. Orpett and Kevin A. Titus, of counsel), for Appellant.

Pretzel & Stouffer, Chartered, Chicago (Robert Marc Chemers and David S. Osborne, of counsel), for Appellee.

Justice QUINN delivered the opinion of the court:

In this declaratory judgment action, Mount Vernon Fire Insurance Company (Mount Vernon) appeals the order of the trial court granting the motion for judgment on the pleadings filed by Jefferson Insurance Company of New York (Jefferson). This litigation stems from the death of Tyrelle Jones (Tyrelle), a nine-month-old infant who died as the result of heat stroke when left unattended in a van operated by Heaven's Little...

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