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DIAMOND STATE INS. CO. v. CHESTER-JENSEN CO.

No. 1-90-1760.

611 N.E.2d 1083 (1993)

243 Ill. App.3d 471

183 Ill.Dec. 435

DIAMOND STATE INSURANCE COPANY and Illinois Insurance Exchange, Transco Syndicate # 1, Ltd., Plaintiffs-Appellees, v. CHESTER-JENSEN COMPANY, INC., Defendant-Appellant (The People of the State of Illinois ex rel. George B. Peters, Chairman of the Capital Development Board, Defendant).

Appellate Court of Illinois, First District, Fifth Division.

February 11, 1993.

Attorney(s) appearing for the Case

Heineke, Burke, Healy & Bodach, Chicago, L. Barrett Bodach, for plaintiffs-appellees.

Jenner & Block, Keith F. Bode, Joseph Bisceglia, Gabrielle Sigel, Chicago, and Robert R. Reeder, Philadelphia, PA, for defendant-appellant.

Presiding Justice GORDON delivered the opinion of the court.

Plaintiff insurance companies brought this action for declaratory judgment seeking a determination that there was no duty to defend their insured, appellant Chester-Jensen Company, Inc. (Chester-Jensen) in a breach of contract and warranty action filed against Chester-Jensen by the State of Illinois. The State's complaint in the underlying litigation seeks damages from certain defendants, including Chester...

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