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ELCO INDUSTRIES v. LIBERTY MUTUAL INS.

No. 62127.

46 Ill. App.3d 936 (1977)

361 N.E.2d 589

ELCO INDUSTRIES, INC., Plaintiff-Appellee, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied April 7, 1977.

Attorney(s) appearing for the Case

Schaffenegger & Watson, Ltd., of Chicago (Jack L. Watson, of counsel), for appellant.

Baker & McKenzie, of Chicago (Francis D. Morrissey, Thomas R. Nelson, Robert L. Berner, Jr., and Donald Brown, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

The plaintiff, Elco Industries, Inc. brought this declaratory judgment action against defendant, Liberty Mutual Insurance Company, to seek a declaration defining the scope of coverage of an insurance policy issued to Elco by Liberty Mutual. Elco seeks a determination that its policy requires Liberty Mutual to defend and indemnify Elco in a suit initiated

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