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AMERICAN STATES INS. v. NATIONAL CYCLE

No. 1-92-1260.

631 N.E.2d 1292 (1994)

260 Ill. App.3d 299

197 Ill.Dec. 833

AMERICAN STATES INSURANCE COMPANY, Plaintiff-Appellee, v. NATIONAL CYCLE, INC., an Illinois corporation, Defendant-Appellant (Paul Richard Campbell, Defendant).

Appellate Court of Illinois, First District, First Division.

March 28, 1994.

Attorney(s) appearing for the Case

Widman, Goldberg & Zulkie, Ltd., Chicago (Joel L. Widman, of counsel), for defendant-appellant.

Clauson, Miller, Gorman, Caffrey & Witous, P.C., Chicago (James T. Ferrini, Mary C. O'Connor, Lisa Marco Kouba, Jennie R. Lipowich, Imelda Terrazino, of counsel), for plaintiff-appellee.

Justice BUCKLEY delivered the opinion of the court:

Plaintiff, American States Insurance Co., brought a declaratory judgment action against defendants, National Cycle, Inc. ("National Cycle"), and Paul Richard Campbell ("Campbell"), seeking a declaration that it had no duty to defend or indemnify National Cycle for the claims asserted by Campbell due to National Cycle's breach of the notice requirement of an insurance policy. Plaintiff then filed a motion for summary...

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