AETNA CAS. & SUR. CO. v. PRESTIGE CAS. CO.

No. 1-89-0346.

195 Ill. App.3d 660 (1990)

553 N.E.2d 39

AETNA CASUALTY AND SURETY COMPANY, Plaintiff-Appellant, v. PRESTIGE CASUALTY COMPANY, Defendant-Appellee.

Appellate Court of Illinois — First District (5th Division).

Opinion filed March 16, 1990.


Attorney(s) appearing for the Case

Baker & McKenzie, of Chicago (Francis D. Morrissey, Edward J. Zulkey, and Thomas W. Cushing, of counsel), for appellant.

Bresler, Brenner & Moltzen, of Chicago (Edward W. Moltzen, Sheldon A. Brenner, and Theodore J. Castanes, of counsel), for appellant.


Reversed and remanded.

JUSTICE MURRAY delivered the opinion of the court:

Plaintiff Aetna Casualty and Surety Company (Aetna) appeals orders granting defendant Prestige Casualty Company's (Prestige's) cross-motion for summary judgment and denying Aetna's summary judgment motion in a declaratory judgment action. The facts underlying this case are as follows.

On March 11, 1984, James P. Shramek, who had slowed down his automobile to avoid potholes on...

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