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LAPHAM-HICKEY STEEL v. PROTECTION MUT. INS.

No. 77404.

655 N.E.2d 842 (1995)

166 Ill.2d 520

211 Ill.Dec. 459

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

Supreme Court of Illinois.

As Modified on Denial of Rehearing October 2, 1995.

Attorney(s) appearing for the Case

Lawrence Zelle and Patricia St. Peter, Zelle & Larson, Minneapolis, Minnesota, and Shaun McParland Baldwin and Dawn Midkiff, Tressler, Soderstrom, Maloney & Priess, Chicago, for appellant.

Geoffrey G. Gilbert and William J. Cooney, McBride, Baker & Coles, Chicago, for appellee.

Stephen D. Marcus and Mark J. Seplak, Clausen, Miller, Gorman, Caffrey & Witous, P.C., Chicago (Laura A. Foggan, John E. Barry and Michael L. Converse, Wiley, Rein & Fielding, Washington, DC, of counsel), for amicus curiae Insurance Environmental Litigation Association.

Justice HEIPLE delivered the opinion of the court:

Lapham-Hickey Steel Corporation (Lapham-Hickey) filed a declaratory judgment action in the circuit court of Cook County seeking a determination of its right to insurance coverage under an "all risks" insurance policy provided by Protection Mutual Insurance Company (Protection). Lapham-Hickey sought to recover defense costs associated with the investigation of environmental contamination at one of its facilities. The...

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