FOREST PRESERVE DIST. v. PACIFIC INDEM.

No. 1-94-0273.

665 N.E.2d 305 (1996)

FOREST PRESERVE DISTRICT OF DuPAGE COUNTY, Illinois, a municipal corporation, acting on behalf of itself and the County of DuPage, Illinois, its co-insured, Plaintiff-Appellee, v. PACIFIC INDEMNITY COMPANY, a California corporation, Defendant-Appellant and Bellefonte Insurance Company, a Kentucky corporation, British National Insurance Company, Limited, a foreign corporation, Century Indemnity Company, a Connecticut corporation, Excess Insurance Company Limited, a Delaware corporation, Federal Insurance Company, an Indiana corporation, Fireman's Fund Insurance Company, a California corporation, International Surplus Lines Insurance Company, an Illinois corporation, Interstate Fire & Casualty Company, an Illinois corporation, Mentor Insurance Company Limited, a foreign corporation, New England Reinsurance Corporation, a Connecticut corporation, North Atlantic Insurance Company Limited, a New York corporation, Pine Top Insurance Company Limited, a foreign corporation, Terra Nova Insurance Company Limited, a foreign corporation, Underwriter's at Lloyd's, London a foreign corporation, and Yasuda Fire & Marine Insurance Company (UK) Limited, a foreign corporation, Defendants.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied June 6, 1996.


Attorney(s) appearing for the Case

Landau, Omahana & Kopka, Ltd., Chicago (Robert J. Kopka and Creed T. Tucker, of counsel); and Sedgwick, Detert, Moran & Arnold, Chicago (Fred A. Smith and Timothy J. Barron, of counsel), for Appellant.

Chapman and Cutler, Chicago (Richard A. Makarski and Kathleen R. Pasulka, of counsel), for Appellee.


Presiding Justice CAMPBELL delivered the opinion of the court:

Defendant Pacific Indemnity Company ("Pacific") appeals from an order of the circuit court of Cook County granting summary judgment in favor of plaintiff Forest Preserve District of DuPage County ("District") in a declaratory judgment action. No other defendant is a party to this appeal.

The record on appeal indicates the following facts. The District is a municipal corporation which operated a...

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