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UNITED FIRE & CAS. v. JIM MALOOF REALTY

No. 81-453.

105 Ill. App.3d 1048 (1982)

435 N.E.2d 496

UNITED FIRE AND CASUALTY COMPANY, Plaintiff and Counterdefendant-Appellant, v. JIM MALOOF REALTY, INC., et al., Defendants-Appellees. — (JIM MALOOF REALTY, INC., Counterplaintiff-Appellee.)

Appellate Court of Illinois — Third District.

Rehearing denied June 7, 1982.

Attorney(s) appearing for the Case

Edward M. Wagner and Duncan B. Cooper, III, both of Heyl, Royster, Voelker & Allen, of Peoria, for appellant.

David L. Higgs and Dean B. Rhoads, both of Sutkowski & Washkuhn Associates, of Peoria, for appellee Marilou N. Putnam.

Timothy J. Howard and Phillip B. Lenzini, both of Kavanagh, Scully, Sudow, White & Frederick, P.C., of Peoria, for appellee Jim Maloof Realty, Inc.

Affirmed in part and reversed in part.

JUSTICE STOUDER delivered the opinion of the court:

Plaintiff, United Fire and Casualty Company, brought this declaratory judgment action in order to determine its duty under a "Real Estate Agents Errors and Omissions" insurance policy to provide a defense for its insureds in a lawsuit alleging fraudulent misrepresentation. The circuit court of Peoria County found that United was required to defend its insureds in the...

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