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DUMENRIC v. UNION OIL CO. OF CALIFORNIA

No. 1-90-2490.

606 N.E.2d 230 (1992)

238 Ill. App.3d 208

179 Ill.Dec. 398

James DUMENRIC, Plaintiff, v. UNION OIL COMPANY OF CALIFORNIA, a corporation, Defendant, Third Party Plaintiff-Appellee-Cross-Appellant (Aetna Life and Casualty Company, Third Party Defendant-Appellant-Cross-Appellee; Mid-State Mechanical Corporation, Daniel R. Bennett, Daniel R. Bennett & Co., and Swank Insurance Agency, Third Party Defendants).

Appellate Court of Illinois, First District, Sixth Division.

October 30, 1992.

Attorney(s) appearing for the Case

Cassidy, Schade & Gloor, Chicago (Timothy J. Ashe, Martha A. Pagliari, Lynn D. Dowd, of counsel), for appellant.

Querrey & Harrow, Ltd., Chicago (Eric L. Samore and Ellen S. Martin, of counsel), for appellee.

Presiding Justice EGAN delivered the opinion of the court:

Aetna Life and Casualty Co. (Aetna) appeals from an order granting summary judgment in favor of Union Oil Company of California (Union). The trial judge held that Aetna was estopped from denying insurance coverage to Union for an occurrence in which James Dumenric was injured while working on an oil storage tank owned by Union. Aetna contends that the record establishes, as a matter of law, that Aetna was...

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