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  5. 652 N.E.2d 1192 (1995)
 

BITUMINOUS CAS. v. COMMERCIAL UNION INS.

No. 1-92-2913.

652 N.E.2d 1192 (1995)

273 Ill. App.3d 923

210 Ill.Dec. 216

BITUMINOUS CASUALTY CORPORATION, Plaintiff, v. COMMERCIAL UNION INS. CO., Defendant and Third Party Plaintiff (The Swenson Company, et al., Third Party Defendants; Swenson Company, et al., Counterplaintiffs/Appellees; Safety Mutual Casualty Corporation, Counterdefendant/Appellant).

Appellate Court of Illinois, First District, Third Division.

June 28, 1995.

Attorney(s) appearing for the Case

Kralovec, Marquard, Doyle and Gibbons, Nancy J. Arnold, Philip W. Domagalski, David T. Nani, Chicago, for appellant, Safety Mut.

Lewis, Overbeck & Furman, Chicago, for counterplaintiffs/appellees, the Swenson Co. and the Swenson/Bolander Joint Venture.

Paul V. Esposito, of counsel, Chicago, for counterplaintiffs/appellees.

Justice CERDA delivered the opinion of the court:

This appeal arises out of a breach of contract counterclaim brought by The Swenson Company (Swenson) and The Swenson/Bolander Joint Venture (Joint Venture) against one of their insurers, Safety Mutual Casualty Corporation (Safety). The underlying suit was a wrongful death action in which three construction companies, Swenson, The Eric Bolander Construction Company (Bolander), and Joint Venture, had been joined as third...

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