REIS v. AETNA CASUALTY & SURETY CO.

No. 77-984.

69 Ill. App.3d 777 (1978)

387 N.E.2d 700

MARILYN REIS, Plaintiff-Appellant, v. AETNA CASUALTY AND SURETY COMPANY OF ILLINOIS, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Supplemental opinion filed on denial of rehearing March 22, 1979.


Attorney(s) appearing for the Case

Jerome H. Torshen, Ltd., of Chicago (Jerome H. Torshen and Edward G. Wierzbicki, of counsel), for appellant.

Baker & McKenzie, of Chicago (Francis D. Morrissey, Thomas R. Nelson, and Edward J. Zulkey, of counsel), for appellee.


Reversed and remanded.

Mr. JUSTICE ROMITI delivered the opinion of the court:

The issue in this case is whether a homeowner's insurer can refuse to defend its insured merely because part of the conduct complained of in the tort complaint allegedly occurred on business property and the policy excludes liability for injuries arising out of business pursuits of any insured, except activities ordinarily incident to nonbusiness activities. We hold that in light...

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