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

No. 67649.

132 Ill.2d 79 (1989)

547 N.E.2d 114

HARTFORD ACCIDENT & INDEMNITY COMPANY, Appellee, v. AETNA INSURANCE COMPANY, Appellant.

Supreme Court of Illinois.

Rehearing denied December 4, 1989.

Attorney(s) appearing for the Case

Baker & McKenzie, of Chicago (Francis D. Morrissey, Thomas F. Bridgman, Edward J. Zulkey, Michael J. Wagner and John M. Murphy, of counsel), for appellant.

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

Affirmed.

JUSTICE CALVO delivered the opinion of the court:

The instant action stems from an underlying wrongful death case in which the $1.5 million judgment exceeded the insurance coverage provided by the primary insurer, defendant, Aetna Casualty and Insurance Company (Aetna). The excess insurer, plaintiff, Hartford Accident and Indemnity Company (Hartford), filed a complaint for declaratory relief and damages in January of 1987, seeking, in count I, a...

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