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TANNS v. BEN A. BORENSTEIN AND CO.

No. 1-95-4086.

688 N.E.2d 667 (1997)

293 Ill. App.3d 582

227 Ill.Dec. 974

Gail TANNS, Plaintiff, v. BEN A. BORENSTEIN AND COMPANY, Defendant (Ben A. Borenstein and Company, Third-Party Plaintiff-Appellant; Arcadia Products, Inc., Third-Party Defendant-Appellee).

Appellate Court of Illinois, First District, Second Division.

As Modified on Denial of Rehearing December 30, 1997.

Attorney(s) appearing for the Case

Frank Kasbohm, Fraterrigo, Beranek, Feirereisel & Kasbohm, Chicago, for Third-Party Plaintiff-Appellant.

Howard T. Goffen, Jesmer & Harris, Chicago, for Third-Party Defendant-Appellee.

MODIFIED UPON DENIAL OF REHEARING

Presiding Justice COUSINS delivered the opinion of the court:

Ben A. Borenstein & Co. (BABCO), a general contractor, filed suit against a subcontractor, Arcadia Products (Arcadia), for breach of contract arising out of Arcadia's insurance carrier's refusal to defend BABCO in an underlying negligence action. The underlying suit was brought by Gail Tanns, who was allegedly injured as a result of tripping over construction...

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