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SISTERS OF DIVINE PROVIDENCE v. INTERSTATE FIRE & CASUALTY CO.

No. 82-642.

117 Ill. App.3d 158 (1983)

453 N.E.2d 36

SISTERS OF DIVINE PROVIDENCE, d/b/a St. Elizabeth Medical Center, Plaintiff and Counterdefendant-Appellee, v. INTERSTATE FIRE & CASUALTY COMPANY, Defendant and Counterplaintiff-Appellant.

Appellate Court of Illinois — Fifth District.

Rehearing denied September 7, 1983.

Attorney(s) appearing for the Case

French, Rogers, Kezelis & Kominiarek, P.C., of Chicago, and Wagner, Bertrand, Bauman & Schmieder, of Belleville (Richard G. French, of counsel), for appellant.

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

Judgment reversed.

PRESIDING JUSTICE HARRISON delivered the opinion of the court:

Defendant, Interstate Fire & Casualty Company (Interstate), appeals from a grant of summary judgment in favor of plaintiffs, The Sisters of Divine Providence, d/b/a St. Elizabeth Medical Center (St. Elizabeth's). The question presented for review is whether St. Elizabeth's complied with a condition precedent contained in its excess malpractice insurance policy which required...

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