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PRUDENTIAL PROPERTY & CAS. INS. CO. v. KERWIN

No. 1-89-1485.

576 N.E.2d 94 (1991)

215 Ill. App.3d 1086

159 Ill.Dec. 425

PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, Plaintiff-Appellee, v. Albert KERWIN and Patricia Kerwin, Defendants-Appellants (Tore G. Leno, Defendant).

Appellate Court of Illinois, First District, Third Division.

June 12, 1991.

Attorney(s) appearing for the Case

Pappas, Power & Marcus, Chicago (Debra K. Marcus, William R. Power, Stephen J. Tasch, of counsel), for defendants-appellants.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago (D. Kendall Griffith, Katherine S. Dedrick, Jeffrey A. Siderius, Kathryn A. Spalding, of counsel), for plaintiff-appellee.

Justice RIZZI delivered the opinion of the court:

Plaintiff Prudential Property & Casualty Company (Prudential), brought a declaratory judgment action against defendants Albert and Patricia Kerwin, and its insured defendant Tore G. Leno. In an underlying personal injury suit, Albert and Patricia Kerwin alleged that Leno negligently or intentionally shot Albert Kerwin and that they were entitled to compensatory and punitive damages. In its declaratory judgment...

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