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ECONOMY PREFERRED INS. CO. v. GRANDADAM

No. 3-94-0703.

656 N.E.2d 787 (1995)

275 Ill.App.3d 866

212 Ill.Dec. 190

ECONOMY PREFERRED INSURANCE COMPANY, a corporation, Plaintiff-Appellee, v. Judi A. GRANDADAM, Nathan D. Grandadam, a minor, by his mother and next friend, Judi A. Grandadam, Nicholas W. Grandadam, a minor by his mother and next friend, Judi A. Grandadam, Jaime A. Piano, Robert J. Schofield, a minor by his father and next friend, Jaime A. Piano, and Brandy J. Piano, a minor, by her father and next friend, Jaime A. Piano, Defendants-Appellants (John A. Twardowski and Mary E. Twardowski, Defendants).

Appellate Court of Illinois, Third District.

October 5, 1995.

Attorney(s) appearing for the Case

George Mueller (argued), Hoffman, Mueller & Creedon, P.C., Ottawa, for Judi A. Grandadam, Nathan Grandadam, Nicholas Grandadam, Brandy J. Piano, Jaime A. Piano, and Robert J. Schofield.

Michael T. Reagan (argued), Herbolsheimer, Lannon, Henson, Duncan & Reagan, P.C., Ottawa, for Economy Preferred Insurance Co.

Louis L. Bertrand, Anthony C. Raccuglia & Associates, Peru, for John A. Twardowski and Mary E. Twardowski.

Justice SLATER delivered the opinion of the court:

Plaintiff, Economy Preferred Insurance Company (Economy), brought a declaratory judgment action, seeking a determination that the pollution exclusion clause in a homeowners and personal liability insurance policy precluded coverage for alleged damage to a home and injuries to its occupants caused by mercury being spilled in the home. Plaintiffs and defendants in the underlying suit were joined together as defendants...

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