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HARTFORD ACC. & INDEM. CO. v. AETNA INS. CO.

No. 87-2815.

173 Ill. App.3d 665 (1988)

527 N.E.2d 950

HARTFORD ACCIDENT AND INDEMNITY COMPANY, Plaintiff-Appellant, v. AETNA INSURANCE COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed August 2, 1988.

Attorney(s) appearing for the Case

Norman J. Barry and Alan S. Madans, both of Rothschild, Barry & Myers, of Chicago, for appellant.

Francis D. Morrissey, Thomas F. Bridgman, Edward J. Zulkey, Michael J. Wagner, and Lisa Sopata, all of Baker & McKenzie, of Chicago, for appellees.

Judgment reversed.

JUSTICE BILANDIC delivered the opinion of the court:

This chancery action has, as its origin, an underlying wrongful death case in which the judgment exceeded the insurance coverage provided by the primary insurer, defendant Aetna Casualty and Insurance Company of Illinois (Aetna). The excess insurer, plaintiff Hartford Accident and Indemnity Company (Hartford), filed a complaint for declaratory relief against defendant Aetna, alleging in...

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