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NORTH RIVER INS. CO. v. GRINNELL MUT.

No. 1-05-0606.

860 N.E.2d 460 (2006)

307 Ill.Dec. 806

The NORTH RIVER INSURANCE COMPANY, United States Fire Insurance Company and Shelco Steel Works, Inc., Plaintiffs-Appellees (United States Fire Insurance Company, Plaintiff-Appellee and Cross-Appellant), v. GRINNELL MUTUAL REINSURANCE COMPANY, The Tokio Marine and Fire Insurance Company, Limited, American Miscellaneous Steel, Inc., Kajima Construction Services, Inc., and Beverly Knauer, d/b/a, Knauer Insurance Specialists, f/k/a Potter & Knauer Insurance Agency, Defendants-Appellees (Tokio Marine ane Fire Insurance Company, Limited, and Kajima Construction Services, Inc., Defendants-Appellants and Cross-Appellees).

Appellate Court of Illinois, First District, Sixth Division.

December 8, 2006.

Attorney(s) appearing for the Case

Prusik, Selby, Daley & Kezelis, P.C., Terence R. Selby, of counsel, Chicago, for Appellant.

Cremer, Kopon, Shaughnessy & Spina, LLC, Brian A. O'Gallagher, of counsel, Chicago, for Appellee.

Justice O'MALLEY delivered the opinion of the court:

Plaintiff-appellee and cross-appellant United States Fire Insurance Company (U.S. Fire) brought a declaratory judgment action against defendant-appellant and cross-appellee Tokio Marine and Fire Insurance Company (Tokio) seeking reimbursement of funds from Tokio's primary insurance policy which were paid from U.S. Fire's excess policy to fund a settlement in an underlying personal injury lawsuit.

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