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BITUMINOUS CAS. CORP. v. GUST K. NEWBERG CONST. CO.

No. 1-90-2292.

578 N.E.2d 1003 (1991)

218 Ill. App.3d 956

161 Ill.Dec. 357

BITUMINOUS CASUALTY CORPORATION, Plaintiff-Appellee, v. GUST K. NEWBERG CONSTRUCTION CO., a Corporation, Paschen Contractors, Inc., a Corporation, Newberg/Paschen, a joint venture, Defendants-Appellants.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied September 27, 1991.

Attorney(s) appearing for the Case

Carey, Filter, White & Boland, Chicago (Michael J. Murray, Edward M. White, of counsel), for defendants-appellants.

Pope & John, Ltd., Chicago (Matthew J. Gehringer, Michael K. Bartosz, of counsel), for plaintiff-appellee.

Justice LaPORTA delivered the opinion of the court:

Defendants Gust K. Newberg Construction Co., Paschen Contractors, Inc., and Newberg/Paschen were sued by the State of Illinois and sought defense and indemnity from their insurance company, Bituminous Casualty Co. Bituminous denied coverage, contending the allegations against defendants in the State's lawsuit were not covered by the liability policy Bituminous issued related to the construction of the State of Illinois...

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