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PREMIER ELEC. CONST. CO. v. AM. NAT. BANK AND TRUST CO. OF CHICAGO

No. 1-90-3287.

603 N.E.2d 733 (1992)

236 Ill. App.3d 333

177 Ill.Dec. 663

PREMIER ELECTRICAL CONSTRUCTION CO., Plaintiff, v. AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under Trust No. 51001, et al., Defendants (Federal Insurance Company, Counterplaintiff-Appellee, v. Morse/Diesel, Inc., Counterdefendant-Appellant).

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied November 6, 1992.

Attorney(s) appearing for the Case

Harvitt & Gekas, Ltd., Chicago (Constantine J. Gekas, Krista L. Peterson, of counsel), Peter M. D'Ambrosia, Smith, Packter, Mcwhorter & D'Ambrosio, Vienna, Va., for appellant, Morse/Diesel, Inc.

McDermott, Will & Emery, Chicago (Douglas M. Reimer, John T. Schriver & Michael D. Phillips, of counsel), for appellee, Federal Ins. Co.

Peter M. D'Ambrosio, Smith, Packter, Mcwhorter & D'Ambrosio, Vienna, Va., for appellant, Morse/Diesel, Inc.

Justice CERDA delivered the opinion of the court:

Counterplaintiff, Federal Insurance Company ("Federal") counterclaimed against counterdefendant, Morse/Diesel, Inc. ("Morse/Diesel") for indemnification of its attorney fees and costs incurred when defending against allegations raised in Count V of Premier Electrical Construction Company's ("Premier") complaint. On appeal, Morse/Diesel asserts that the trial court erred when it found that the indemnification agreement...

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