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FID. & CAS. CO. OF N.Y. v. NALCO CHEMICAL CO.

No. 85-2817.

155 Ill. App.3d 730 (1987)

509 N.E.2d 446

THE FIDELITY & CASUALTY COMPANY OF NEW YORK, Plaintiff-Appellant, v. NALCO CHEMICAL COMPANY et al., Defendants and Third-Party Plaintiffs-Appellees (Corroon & Black et al., Third-Party Defendants).

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

Modified on denial of rehearing June 10, 1987.

Attorney(s) appearing for the Case

Clausen, Miller, Gorman, Caffrey & Witous, P.C., of Chicago (James T. Ferrini and Frank L. Schneider, of counsel), for appellant.

David J. Gibbons, Pamela J. Kempin, and Stephen N. Landsman, all of Chicago, for appellees.

Judgment affirmed and cause remanded.

JUSTICE WHITE delivered the opinion of the court:

Plaintiff, Fidelity & Casualty Company of New York (F&C), sued for a judgment declaring that it had no duty to defend or indemnify defendants Nalco Chemical Company (Nalco) and Industrial Bio-Test Company (IBT) in 11 suits filed against Nalco and IBT. Defendants counterclaimed for amounts expended in defense and settlement of the 11 suits. Defendants and F&C...

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