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INS. CO. OF N. AMERICA v. CAPE INDUS., LTD.

No. 4-85-0200.

138 Ill. App.3d 720 (1985)

486 N.E.2d 287

INSURANCE COMPANY OF NORTH AMERICA et al., Plaintiffs-Appellees, v. CAPE INDUSTRIES, LIMITED, et al., Defendants (Dorothy Sumey, Adm'r of the Estate of Jim Sumey, Deceased, et al., Defendants-Appellants).

Appellate Court of Illinois — Fourth District.

Opinion filed November 13, 1985.

Attorney(s) appearing for the Case

James Walker, Ltd., of Bloomington, for appellants.

Stephen L. Corn and Gregory C. Ray, both of Craig & Craig, of Mattoon, for appellees.

Reversed and remanded.

PRESIDING JUSTICE GREEN delivered the opinion of the court:

On June 5, 1981, plaintiffs, Insurance Company of North America (INA) and INA of Illinois, brought suit in the circuit court of McLean County against defendants, Cape Industries, Ltd. (Cape), North American Asbestos Corporation (NAAC), St. Paul Fire & Marine Insurance Company (St. Paul), and Dorothy Sumey et al., seeking a declaration that policies of liability insurance...

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