BATTEAST v. ARGONAUT INSURANCE CO.

No. 81-2539.

118 Ill. App.3d 4 (1983)

454 N.E.2d 706

MARCUS BATTEAST, a Minor, by His Parents and Next Friends, James Batteast et al., Plaintiff-Appellant, v. ARGONAUT INSURANCE COMPANY et al., Defendants-Appellees.

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

Opinion filed September 14, 1983.


Attorney(s) appearing for the Case

Robert A. Holstein, Ltd., of Chicago, for appellant.

Winston & Strawn and Hinshaw, Culbertson, Moelmann, Hoban & Fuller, both of Chicago (Stanley A. Walton and D. Kendall Griffith, of counsel), for appellees.


Judgment affirmed.

JUSTICE McGILLICUDDY delivered the opinion of the court:

The plaintiff, Marcus Batteast, filed a declaratory judgment action to determine the maximum amount of coverage available under an insurance policy issued to St. Bernard's Hospital by Argonaut Insurance Company (Argonaut) covering the period December 31, 1975, to December 31, 1976. The defendants moved to dismiss the complaint, alleging, inter alia, that no actual controversy...

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