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PRUDENTIAL PROP. & CAS. INS. CO. v. SCOTT

Nos. 4-87-0159, 4-87-0185 cons.

161 Ill. App.3d 372 (1987)

514 N.E.2d 595

PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff-Appellee and Counterdefendant-Appellee, v. MYRTLE E. SCOTT et al., Defendants-Appellants and Counterplaintiffs-Appellants (Christina L. Scott et al., Defendants; Country Mutual Insurance Company, Defendant-Intervenor and Counterplaintiff; Prudential Property and Casualty Insurance Company et al., Counterdefendants). — PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff-Appellee and Counterdefendant, v. MYRTLE E. SCOTT et al., Defendants (Country Mutual Insurance Company, Defendant and Intervenor and Appellant and Counterplaintiff; Myrtle E. Scott et al., Counterplaintiffs; Prudential Property and Casualty Insurance Company et al., Counterdefendants).

Appellate Court of Illinois — Fourth District.

Opinion filed October 7, 1987.

Attorney(s) appearing for the Case

Grady E. Holley, of Holley, Keith & Huntley, of Springfield, for appellants Myrtle E. Scott and Wayne Edward Scott.

Stuart Dobbs, of Stratton, Dobbs, Nardulli & Lestikow, of Springfield, for appellant Country Mutual Insurance Company.

John A. Ess and Gary S. Schwab, both of Heyl, Royster, Voelker & Allen, of Springfield, for appellee.

Order affirmed.

PRESIDING JUSTICE SPITZ delivered the opinion of the court:

This is an action for declaratory judgment, seeking a determination from the court of the respective rights of the insurer, the insured, and other interested parties in an automobile insurance policy as it relates to an automobile accident that occurred on April 8, 1983.

The insurer, Prudential, filed a motion for summary judgment which initially was denied by the court. The...

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