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BADGER MUT. INS. CO. v. OSTRY

No. 1-93-0638.

636 N.E.2d 956 (1994)

264 Ill. App.3d 303

201 Ill.Dec. 524

BADGER MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. Jerry OSTRY, Defendant-Appellant (Richard Kraemer, Defendant).

Appellate Court of Illinois, First District, Fifth Division.

June 3, 1994.

Attorney(s) appearing for the Case

Law Offices of Steven J. Flexman, Schaumburg (Marian H. Donohue, of counsel), for defendant-appellant.

John J. Foley & Associates, Chicago (John J. Foley and Tracy E. Stevensen), for plaintiff-appellee.

Justice McNULTY delivered the opinion of the court:

This declaratory judgment action was brought by plaintiff Badger Mutual Insurance Company (Badger), in order to determine its obligation under its homeowner policy issued to the parents of defendant Richard Kraemer (Kraemer). Badger sought a declaration that it had no duty to defend or indemnify Kraemer in the action brought by Jerry Ostry, after Ostry sustained injuries...

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