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MID AM. FIRE & MAR. INS. CO. v. SMITH

No. 4-82-0216.

109 Ill. App.3d 1121 (1982)

441 N.E.2d 949

MID AMERICA FIRE AND MARINE INSURANCE COMPANY, Plaintiff-Appellee, v. EDWARD A. SMITH et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

Opinion filed November 4, 1982.

Attorney(s) appearing for the Case

Victor J. Mosele, of Paul L. Pratt, P.C., of East Alton, for appellants.

Stephen W. Thomson, of Reed, Armstrong, Gorman & Coffey, of Edwardsville, for appellee.

Judgment affirmed.

PRESIDING JUSTICE GREEN delivered the opinion of the court:

Defendants, Edward S. Smith and James D. Osborne, appeal a summary declaratory judgment entered by the circuit court of Macoupin County on March 17, 1982. The judgment declared that plaintiff, Mid America Fire and Marine Insurance Company, owes no duty to defend Osborne in an underlying suit brought by Smith against Osborne and...

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