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U.S. FIDELITY AND GUAR. CO. v. CRAIL

Nos. 4-93-0252, 4-93-0318.

628 N.E.2d 776 (1993)

261 Ill. App.3d 135

195 Ill.Dec. 312

UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland Corporation, Plaintiff and Counterdefendant, v. Amanda J. CRAIL, a Minor, et al., Defendants (Mildred Wells, Defendant and Counterplaintiff-Appellee; Country Mutual Insurance Company, Defendant-Appellant). UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland Corporation, Plaintiff and Counterdefendant-Appellee, v. Amanda J. CRAIL, a Minor, et al., Defendants (Mildred Wells, Defendant and Counterplaintiff-Appellant; Country Mutual Insurance Company, Defendant).

Appellate Court of Illinois, Fourth District.

Decided December 22, 1993.

As Modified on Denial of Rehearing March 2, 1994.

Attorney(s) appearing for the Case

Karen L. Kendall, Bradley S. McMillan (argued), Heyl, Royster, Voelker & Allen, Peoria, Frederick P. Velde, Daniel R. Simmons, Heyl, Royster, Voelker & Allen, Springfield, for appellant in No. 4-93-0252.

Eldon H. Becker (argued), Grosboll, Becker, Tice & Smith, Petersburg, for Mildred Wells.

Gregory A. Cerulo, Mary W. McDade, Quinn, Johnston, Henderson & Pretorius, Peoria, for appellee in No. 4-93-0318.

OPINION MODIFIED ON DENIAL OF REHEARING

Justice GREEN delivered the opinion of the court:

On June 3, 1991, United States Fidelity and Guaranty Company (USF & G) filed a complaint for declaratory judgment in the circuit court of Sangamon County against Amanda Crail, Country Mutual Insurance Company (Country Mutual), and Mildred Wells. The complaint sought an order declaring that USF & G had no duty to defend or indemnify Amanda Crail, under a commercial...

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