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LEHMAN v. IBP, INC.

No. 3-93-0870.

639 N.E.2d 152 (1994)

265 Ill.App.3d 117

203 Ill.Dec. 113

Bernard LEHMAN, Plaintiff, v. IBP, INC., a corporation; IBP Service Center Corp., a corporation; Diercks Ltd. Companies, Verplaetse Excavating Co., a corporation; and Langman Construction, Inc., a corporation, Defendants, (IBP, Inc., a corporation, and IBP Service Center Corp., a corporation, Third Party Plaintiffs-Appellants, Contracting Corp. of Illinois, a corporation, Third Party Defendant-Appellee.)

Appellate Court of Illinois, Third District.

As Modified on Denial of Rehearing August 30, 1994.

Attorney(s) appearing for the Case

B. Douglas Stephens (argued), Mark Tarnow, Wessels, Stojan & Stephens, P.C., Rock Island, for IBP, Inc., IBP Service Center Corp.

Gary D. Nelson, Karen L. Kendall, Heyl, Royster, Voelker & Allen, Bradley S. McMillan, Heiple & McMillan, David A. Perkins, John C. Mulgrew, Jr. (argued), Heyl, Royster, Voelker & Allen, Peoria, IL for Contracting Corp.

No attys. for Diercks Ltd. Companies, Verplaetse Excavating Co., and Langman Construction, Inc.

MODIFIED ON DENIAL OF PETITION FOR REHEARING

Justice LYTTON delivered the opinion of the court:

This appeal involves a dispute over a contract provision requiring the contractor, Contracting Corp. of Illinois (CCI), to cover the project owner, IBP, Inc. (IBP), as an additional insured on its general liability insurance policy. CCI claims that IBP waived enforcement of the clause and that the clause violated the Construction Contract Indemnification for Negligence...

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