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J.A. JONES CONST. v. HARTFORD FIRE INS.

No. 1-93-0061.

645 N.E.2d 980 (1995)

269 Ill.App.3d 148

206 Ill.Dec. 728

J.A. JONES CONSTRUCTION COMPANY, a corporation and Aetna Casualty & Surety Company, a corporation, Plaintiffs-Appellees, v. HARTFORD FIRE INSURANCE COMPANY, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied February 2, 1995.

Attorney(s) appearing for the Case

Hinshaw & Culbertson, Chicago (Stephen R. Swofford, David H. Levitt and Nancy G. Lischer, of counsel), for appellant.

Baker & McKenzie, Chicago (Francis D. Morrissey, Michael A. Pollard, Edward J. Zulkey, Ronald L. Ohren and Matthew W. Ferguson, of counsel), for appellees.

Justice CAHILL delivered the opinion of the court:

Hartford Fire Insurance Company (Hartford) appeals a summary judgment for J.A. Jones Construction Company (Jones) in a declaratory judgment action. The trial court ruled that Hartford owed a duty to defend Jones in an underlying personal injury action. The court also ruled that Hartford was estopped from raising policy defenses.

We affirm the grant of summary judgment but reverse the finding of estoppel.<...

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