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VILLAGE OF MELROSE PARK v. NAUTILUS INS.

No. 1-89-1484.

574 N.E.2d 198 (1991)

214 Ill. App.3d 864

158 Ill.Dec. 404

VILLAGE OF MELROSE PARK, Plaintiff-Appellant/Cross-Appellee, v. NAUTILUS INSURANCE COMPANY, Defendant-Appellee/Cross-Appellant.

Appellate Court of Illinois, First District, First Division.

May 28, 1991.

Attorney(s) appearing for the Case

Baker & McKenzie, Chicago (Francis D. Morrissey, Edward J. Zulkey, Gerald L. Maatman, Jr., Mark H. Boyle, of counsel), for plaintiff-appellant/cross-appellee.

Miller and Meihofer, Chicago (Sam L. Miller, Kurt C. Meihofer, Michael W. Rathsack, of counsel), for Nautilus Ins. Co.

Justice O'CONNOR delivered the opinion of the court:

The Village of Melrose Park brought a declaratory judgment action against Nautilus Insurance Company, its insurer for a community festival, after Nautilus refused to defend a negligence action against the Village for the death of a food vendor. The trial court granted Nautilus' motion for summary judgment, finding that the deceased's function as a vendor at the festival placed him in a class of persons excluded...

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