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MASSACHUSETTS BAY INS. CO. v. UNIQUE PRESORT SERVICES, INC.

No. 2-96-0701.

679 N.E.2d 476 (1997)

287 Ill. App.3d 741

223 Ill.Dec. 291

MASSACHUSETTS BAY INSURANCE COMPANY, Plaintiff-Appellant, v. UNIQUE PRESORT SERVICES, INC., et al., Defendants-Appellees.

Appellate Court of Illinois, Second District.

April 30, 1997.

Attorney(s) appearing for the Case

Robert Marc Chemers, Scott L. Howie, Pretzel & Stouffer, Chartered, Chicago, for Massachusetts Bay Insurance Company.

Daniel J. Sugrue, Albert J. Salvi & Associates, Waukegan, for Wanda Lepillez, Brigitte Pescia.

Burton I. Weinstein, Baskin, Server, Berke, Weinstein & Spiro, Chicago, for Unique Presort Services, Inc.

Justice COLWELL delivered the opinion of the court:

Plaintiff, Massachusetts Bay Insurance Company (MBI), appeals the trial court's ruling in a declaratory judgment action that MBI has a duty both to defend and to indemnify its insured, Unique Presort Services, Inc. (Unique Presort), in a tort action. MBI contends that the trial court erred in finding that the allegations of the underlying complaint trigger a duty for MBI; erred in relying on unpublished Rule 23 orders...

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