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MICHIGAN MUT. LIABILITY CO. v. HOOVER BROS.

Gen. No. 51,660.

96 Ill. App.2d 238 (1968)

237 N.E.2d 754

Michigan Mutual Liability Co., a Corporation, Plaintiff-Appellant, v. Hoover Bros., Inc., a Corporation, J. Phil Hoover, Dick B. Hoover, Derald McGlauchlen, Lillian A. Russell, as Conservator of the Estate and Person of Harold Russell, Incompetent, and John R. Kern, Defendants-Appellees, and Illinois National Casualty Company, a Corporation, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied June 28, 1968.

Attorney(s) appearing for the Case

Hinshaw, Culbertson, Moelmann & Hoban, of Chicago (Perry L. Fuller and D. Kendall Griffith, of counsel), for appellant Michigan Mutual Liability Company.

William P. Nolan, Pretzel, Stouffer, Nolan & Rooney, of Chicago (Joseph B. Lederleitner, of counsel), for Illinois National Casualty Company.

Richard Shaikewitz, Wiseman, Hallett, Mosele, Shaikewitz & Struif, of Alton, and Schwarz & Self, of Jerseyville, for Lillian A. Russell, as Conservator of Estate of Harold Russell, Incompetent.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

Michigan Mutual Liability Company (Michigan Mutual) instituted this suit for a declaratory judgment. It seeks a finding that it is not obligated under a policy issued to Hoover Bros., Inc. to defend and indemnify the insured in an action arising from a collision involving a truck owned by the insured. It contends that a policy of insurance issued by the defendant Illinois National Casualty Company (Illinois...

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