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AETNA CASUALTY & SURETY CO. v. FREYER

No. 79-1673.

89 Ill. App.3d 617 (1980)

411 N.E.2d 1157

AETNA CASUALTY & SURETY COMPANY, Plaintiff-Appellant, v. LEWIS FREYER et al., Defendants-Appellees.

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

Opinion filed October 9, 1980.

Attorney(s) appearing for the Case

Slovacek & Slovacek, of Crystal Lake (Elmer F. Slovacek, of counsel), for appellant.

Lawrence L. Kotin, of Chicago (Lawrence L. Kotin and Michael W. Rathsack, of counsel), for appellees.

Judgment reversed.

Mr. JUSTICE ROMITI delivered the opinion of the court:

The defendant, Lewis Freyer, was sued for maliciously assaulting another person and maliciously damaging certain property. His insurer filed an action for declaratory judgment seeking a declaration of no coverage. The trial court ruled that the insurer was required to provide a defense. We disagree and reverse.

Shirley Kleinman filed an action against defendant alleging in count...

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