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FIREMAN'S FUND INDEMNITY CO. v. FREEPORT INS.

Gen. No. 48,142.

30 Ill. App.2d 69 (1961)

173 N.E.2d 543

Fireman's Fund Indemnity Company, a Corporation, and Gail Saraniecki, Plaintiffs-Appellees, v. The Freeport Insurance Company, a Corporation, Defendant-Appellant, and Francis Syoen and Fiore Angelico, Defendants.

Appellate Court of Illinois — First District, First Division.

March 20, 1961.

Attorney(s) appearing for the Case

Peterson, Lowry, Rall, Barber & Ross, of Chicago (A.R. Peterson, Harold W. Huff and John W. Gilligan, of counsel) for appellant.

Hinshaw, Culbertson, Moelmann & Hoban, of Chicago (Oswell G. Treadway, of counsel) for appellees.

MR. JUSTICE BURMAN delivered the opinion of the court.

This is an appeal from a declaratory judgment finding defendant, Freeport Insurance Company, the primary insurer, and plaintiff, Fireman's Fund Indemnity Company, the excess insurer of Gail Saraniecki when a car she was driving was involved in an accident. The trial court, sitting without a jury, also held that it was Freeport's obligation to defend Gail Saraniecki in an action arising out of the accident, and...

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