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HARTFORD ACC. AND INDEMNITY CO. v. RUSH-PRESBYTERIAN-ST. LUKE'S MED. CENTER

No. 1-91-2119.

595 N.E.2d 1311 (1992)

231 Ill. App.3d 143

172 Ill.Dec. 641

HARTFORD ACCIDENT AND INDEMNITY COMPANY, Plaintiff-Appellee/Cross-Appellant, v. RUSH-PRESBYTERIAN-ST. LUKE'S MEDICAL CENTER, a corporation, Defendant-Appellant/Cross-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

June 26, 1992.

Attorney(s) appearing for the Case

George F. Galland, Jr., Davis, Miner, Barnhill & Galland, P.C., Chicago, for defendant-appellant.

Francis A. Spina, of counsel; Tressler, Soderstrom, Maloney & Priess, Chicago, for plaintiff-appellee.

Justice MURRAY delivered the opinion of the court:

This appeal stems from a declaratory judgment action brought by Hartford Accident and Indemnity Company (Hartford) against Rush-Presbyterian-St. Luke's Medical Center (Rush). Hartford, both the primary and excess coverage insurer, sought a determination as to its obligation to indemnify Rush in the event that Rush was held liable in a medical malpractice action filed against it. The trial court held that Hartford...

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