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ESSEX INS. CO. v. STAGE 2, INC.

No. 92-2870.

14 F.3d 1178 (1994)

ESSEX INSURANCE COMPANY, Plaintiff-Appellee, v. STAGE 2, INCORPORATED, an Illinois corporation, Defendant, and Drew Lucht, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 20, 1994.

Attorney(s) appearing for the Case

Edward M. Kay (argued), James T. Ferrini, Lisa Marco Kouba, Susan Condon, Imelda Terrazino, Mary C. O'Connor, Clausen, Miller, Gorman, Caffrey & Witous, Chicago, IL, for plaintiff-appellee.

Charles H. Delano, IV, Charles H. Delano, III (argued), Springfield, IL, for defendant-appellant.

Before ESCHBACH, MANION and KANNE, Circuit Judges.

ESCHBACH, Circuit Judge.

In October 1990, Essex Insurance Company filed a declaratory judgment action, pursuant to 28 U.S.C. §§ 2201 and 2202, against Stage 2, Inc. and Drew Lucht under diversity jurisdiction. Essex sought a declaration that it had no duty to defend or indemnify its insured Stage 2 with respect to a lawsuit brought by Lucht against Stage 2. The district court granted summary judgment to Essex and Lucht appealed.1

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