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ILLINOIS FOUNDERS INS. CO. v. GUIDISH

Nos. 1-92-0176, 1-92-0254.

618 N.E.2d 436 (1993)

248 Ill. App.3d 116

187 Ill.Dec. 845

ILLINOIS FOUNDERS INSURANCE COMPANY, Plaintiff-Appellee, v. James GUIDISH, Joseph Guidish, Jr., Michael's Magic Touch, Ltd., August Russo, and Timothy R. Pope, Defendants (Robert Luksik, Defendant-Appellant). ILLINOIS FOUNDERS INSURANCE COMPANY, Plaintiff-Appellee, v. James GUIDISH and Joseph Guidish, Jr., Defendants-Appellants (Michael's Magic Touch, Ltd., August Russo, Timothy R. Pope, and Robert Luksik, Defendants).

Appellate Court of Illinois, First District, Fourth Division.

June 3, 1993.

Attorney(s) appearing for the Case

Robert Schey & Associates, Chicago (Mark L. Karno, of counsel), for Robert Luksik.

Robert L. Caplan, of Clarendon Hills & Sheldon S. Gomberg, Chicago, for Joseph and James Guidish.

Bresnahan & Garvey, Chicago (Kenneth T. Garvey and Robert O'Connor, of counsel), for Illinois Founders Ins. Co.

Justice HOFFMAN delivered the opinion of the court:

These appeals arise from the entry of summary judgment in favor of plaintiff, Illinois Founders Insurance Company (Illinois Founders), on its declaratory judgment action against defendants, James Guidish, Joseph Guidish, Jr., Michael's Magic Touch, Ltd. (Magic Touch), Robert Luksik, August Russo, and Timothy R. Pope. The trial court determined that: (1) Illinois Founders did not owe a duty to defend or indemnify...

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