CENTURY INDEMNITY COMPANY v. SERAFINE

No. 13727.

311 F.2d 676 (1963)

The CENTURY INDEMNITY COMPANY, Plaintiff-Appellant, v. Dan SERAFINE and Francis De Rosa, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

January 9, 1963.


Attorney(s) appearing for the Case

Herbert C. Loth, Jr., Chicago, Ill., Harold W. Huff, John W. Gilligan, Chicago, Ill., Peterson, Lowry, Rall, Barber & Ross, Chicago, Ill., of counsel, for appellant.

John G. Phillips, Allan R. Bloch, Chicago, Ill., Sturman & Bloch, Chicago, Ill., for appellee Dan Serafine.

Before HASTINGS, Chief Judge, and KNOCH and SWYGERT, Circuit Judges.


KNOCH, Circuit Judge.

Plaintiff, The Century Indemnity Company, (hereinafter called "Century") sought declaratory judgment that Century was not obligated to defend defendant Dan Serafine, its insured, in an action brought against him by the other defendant, Francis De Rosa, in the Superior Court of Cook County, Illinois, or to pay any judgment which might be entered against its insured in that case.

Century asserted that its insured breached Condition 2 of...

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