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STATE FARM FIRE & CAS. CO. v. SHELTON

Nos. 87-3778, 87-3877 cons.

176 Ill. App.3d 858 (1988)

531 N.E.2d 913

STATE FARM FIRE & CASUALTY COMPANY, Plaintiff-Appellee, v. THEASTER SHELTON et al., Defendants-Appellants.

Appellate Court of Illinois — First District (4th Division).

Opinion filed November 17, 1988.

Attorney(s) appearing for the Case

Walsh, Neville, Pappas & Mahoney, of Chicago (Ronald F. Neville, of counsel), for appellants.

Conklin & Roadhouse, of Chicago (Thomas W. Conklin, Howard L. Lieber, and Renee S. Levitt, of counsel), for appellee.

Reversed and remanded.

JUSTICE LINN delivered the opinion of the court:

Plaintiff, State Farm Fire & Casualty Company, filed a complaint for declaratory judgment seeking a ruling that it had no duty to defend or indemnify its insured, Theaster Shelton, in a wrongful death action. The trial court granted State Farm's motion for summary judgment on its complaint, finding that since Shelton had been convicted of voluntary manslaughter for the shooting death...

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