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COUNTRY MUT. INS. CO. v. ANDERSON

Nos. 1-91-3070, 91-3148.

628 N.E.2d 499 (1993)

257 Ill. App.3d 73

195 Ill.Dec. 35

COUNTRY MUTUAL INSURANCE COMPANY, Plaintiff and Counter-Defendant Appellee, v. Greg W. ANDERSON, J. Lawrence Trucking Co., Inc., corporation, Katherine Shoemaker, Defendants, Cross-Defendants, and Counter-Defendants (Pekin Insurance Company, a corporation, Defendant, Cross-Plaintiff, Counter-Plaintiff and Counter-Defendant-Appellee; Elmhurst-Chicago Stone Company, a corporation, and Employers Insurance of Wausau, a corporation, Defendants, Cross-Defendants Counter-Defendants, Counter-Plaintiffs-Appellants).

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied January 4, 1994.

Attorney(s) appearing for the Case

Schaffenegger, Watson & Peterson, Ltd., Chicago, for appellant (Donald G. Peterson, of counsel).

John J. Foley & Associates, Chicago, for appellees (John J. Foley, of counsel).

Hinshaw & Culbertson, Chicago, for Pekin Insurance Company, defendant, cross-plaintiff and counter-defendant-appellee (Steven W. Swofford, Peter C. Morse, Keith G. Carlson, of counsel).

Justice HOFFMAN delivered the opinion of the court:

In declaratory judgment actions, Country Mutual Insurance and Pekin Insurance sought determinations that they had no obligation to defend or indemnify Greg Anderson, G. Lawrence Trucking ("Lawrence"), and Elmhurst-Chicago Stone ("Elmhurst"), in an underlying personal injury suit, because they had already paid the plaintiff the limits of their insurance policies. Elmhurst and another of its alleged insurers, Employers...

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