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AUTO UNDERWRITERS v. HARDWARE MUT. CAS.

Nos. 43117, 43122 cons.

49 Ill.2d 108 (1971)

273 N.E.2d 360

AUTOMOBILE UNDERWRITERS, INC., Appellant, v. HARDWARE MUTUAL CASUALTY COMPANY et al., Appellees. — (DEAN E. GRANT, Appellant.)

Supreme Court of Illinois.

Rehearing denied October 4, 1971.

Attorney(s) appearing for the Case

WESTERVELT, JOHNSON, NICOLL & KELLER, of Peoria, (RICHARD G. LEISER, of counsel,) for appellant Automobile Underwriters, Inc.

HEYL, ROYSTER, VOELKER & ALLEN, of Peoria, (GARY M. PEPLOW and WILLIAM J. VOELKER, of counsel,) for appellant Dean E. Grant.

McCONNELL, KENNEDY, McCONNELL & MORRIS, of Peoria, (GOLDEN A. McCONNELL and THOMAS B. KENNEDY, SR., of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE KLUCZYNSKI delivered the opinion of the court:

The plaintiff, Automobile Underwriters, Inc., sought declaratory judgment against Hardware Mutual Casualty Company (hereinafter referred to as Hardware) claiming that it was under obligation to defend Dean E. Grant in a claim arising out of an automobile accident. The circuit court of Peoria County held that Hardware was not under an obligation to defend Grant. The Appellate...

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