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DONALD B. MacNEAL, INC. v. INT. FIRE & CAS. CO.

No. 84-723.

132 Ill. App.3d 564 (1985)

477 N.E.2d 1322

DONALD B. MacNEAL, INC., Plaintiff-Appellant, v. INTERSTATE FIRE AND CASUALTY COMPANY, Defendant-Appellee.

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

Opinion filed April 10, 1985.

Attorney(s) appearing for the Case

Jacobs, Williams & Montgomery, Ltd., of Chicago (Barry L. Kroll and Lloyd E. Williams, Jr., of counsel), for appellant.

Pretzel & Stouffer, Chartered, of Chicago (Robert Marc Chemers, of counsel), for appellee.

Reversed and remanded.

JUSTICE McNAMARA delivered the opinion of the court:

Plaintiff, Donald B. MacNeal, Inc., brought this action for declaratory judgment against its excess insurer, defendant Interstate Fire and Casualty Company. Plaintiff sought recovery under an umbrella insurance policy for $100,000, which it paid to settle a claim when the underlying primary insurer became insolvent. The trial court...

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