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LAPHAM-HICKEY STEEL CORPORATION v. PROTECTION MUT. INSURANCE COMPANY

No. 1-92-3773.

633 N.E.2d 1235 (1994)

262 Ill. App.3d 400

199 Ill.Dec. 244

LAPHAM-HICKEY STEEL CORPORATION, Plaintiff-Appellant, v. PROTECTION MUTUAL INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied May 12, 1994.

Attorney(s) appearing for the Case

McBride, Baker & Coles Chicago, (Geoffrey G. Gilbert, William J. Cooney of counsel), for appellant.

Tressler, Soderstrom, Maloney & Priess of Chicago, (Shaun Baldwin, Dawn Midkiff, of counsel), Zelle & Larson of Minneapolis, MN (Lawrence Zelle, Patricia St. Peter of counsel), for appellee.

Justice GREIMAN delivered the opinion of the court:

In this declaratory judgment action seeking a determination of the right to insurance coverage for environmental damage, plaintiff Lapham-Hickey Steel Corporation appeals the trial court's order which (1) granted summary judgment in favor of defendant Protection Mutual Insurance Company, finding that a provision in the policy requiring the filing of suit within 12 months of discovery was dispositive; and (2) denied...

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