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FIRST STATE INS. v. MONTGOMERY WARD & CO.

No. 1-92-1758.

642 N.E.2d 715 (1994)

267 Ill. App.3d 851

204 Ill.Dec. 814

FIRST STATE INSURANCE COMPANY, Plaintiff-Appellee, v. MONTGOMERY WARD & COMPANY, INC., and Marcor, Inc., Defendants-Appellants.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied March 28, 1994.

Attorney(s) appearing for the Case

Johnson & Bell, Ltd., Chicago (Paul J. Wisner, Steven I. Rapaport, Thomas H. Fegan, Mindy Kallus, of counsel), for defendants-appellants.

Bullaro, Carton & Stone, Chicago (Raymond R. Pesavento, of counsel) for plaintiff-appellee.

Justice O'CONNOR delivered the opinion of the court:

Defendants, Montgomery Ward & Co., Inc. and Marcor, Inc. (collectively "Ward"), appeal from the trial judge's order granting summary judgment to plaintiff, First State Insurance Co. (First State), in this declaratory judgment action. The trial court found that Ward failed to tender proper notice of a claim on an excess insurance policy. We affirm.

In 1977, Marjorie Dabney suffered crippling burns over...

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