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BATTERMAN v. CONSUMERS ILLINOIS WATER CO.

No. 3-93-0829.

634 N.E.2d 1235 (1994)

261 Ill. App.3d 1235

199 Ill.Dec. 881

Lester M. BATTERMAN and Susan M. Bode, as Trustees of a certain land trust created by the last will and testament of Melvin F. Batterman, deceased, and Norma Batterman, individually and as executor of the Estate of Melvin F. Batterman, deceased, Plaintiffs, v. CONSUMERS ILLINOIS WATER COMPANY, an Illinois corporation, and Meadow Creek Corporation, and Illinois corporation, Defendants (Consumers Illinois Water Company, an Illinois corporation, Third-Party Plaintiff-Appellant, v. Azzarelli Development Corporation, Third-Party Defendant-Appellee).

Appellate Court of Illinois, Third District.

May 27, 1994.

Attorney(s) appearing for the Case

Stephen A. Rehfeldt (argued), Wylie, Milherin, Rehfeldt & Varchetto, P.C., Wheaton, for Consumers Illinois Water Co.

Robert A. Kezelis, Russell P. Veldenz (argued), Mary T. Zdunek, French, Kezelis & Kominiarek, Chicago, for Azzarelli Development Corp.

Justice BRESLIN delivered the opinion of the court:

The third-party plaintiff, Consumers Illinois Water Company (Consumers), appeals from summary judgment granted in favor of the third-party defendant, Azzarelli Development Corporation (Azzarelli). The trial court held that Consumers had waived its contractual right to be insured by Azzarelli. We reverse and remand the cause for further proceedings.

Consumers acquired a utility easement over a portion of the...

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