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INT'L AMPH. CO. v. VANGUARD UNDERWRITERS

No. 86-1218.

166 Ill. App.3d 369 (1988)

519 N.E.2d 1015

INTERNATIONAL AMPHITHEATRE COMPANY, Plaintiff, v. VANGUARD UNDERWRITERS INSURANCE COMPANY, Defendant and Counterplaintiff and Third-Party Plaintiff-Appellant (David Cox, Intervening Petitioner and Counterdefendant-Appellee; Al-Par, Inc. et al., Defendants; Denise Morales et al., Cross-Plaintiffs; Vanguard Underwriters Insurance Company et al., Cross-Defendants; W. Russell Hummell & Company, Inc., Third-Party Defendant).

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

Rehearing denied March 17, 1988.

Attorney(s) appearing for the Case

Kralovec, Marquard, Doyle & Gibbons, of Chicago (Nancy Jo Arnold and Henry J. Marquard, of counsel), for appellant.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (Kevin R. Sido, Stephen R. Swofford, and Lynn D. Dowd, of counsel), for appellee.

Reversed and remanded.

JUSTICE FREEMAN delivered the opinion of the court:

This appeal arises from the trial court's dismissal of the counterclaim of defendant/counterplaintiff, Vanguard Underwriters Insurance Company (Vanguard), which sought indemnity from intervening petitioner/counterdefendant, David Cox (Cox). Vanguard, an insurer, alleged in its counterclaim that Cox, an insurance broker, wrongfully issued a certificate of insurance to the plaintiff insured...

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