U.S. FIRE INS. CO. v. AETNA LIFE AND CAS.

No. 1-96-4178.

684 N.E.2d 956 (1997)

291 Ill. App.3d 991

225 Ill.Dec. 965

UNITED STATES FIRE INSURANCE COMPANY, Plaintiff-Appellant and Counterdefendant, v. AETNA LIFE AND CASUALTY, a corporation, Perini Corporation, University of Chicago, a not for profit corporation, and Howard Startz, Defendants-Appellees and Counterplaintiffs.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied October 2, 1997.


Attorney(s) appearing for the Case

Cremer, Kopon, Shaughnessy & Spina, Chicago (Andrew Kopon, Jr., Douglas V. Bartman, of counsel), Plaintiff-Appellant and Counterdefendant.

Cassiday, Schade & Gloor, Chicago (John D. Hackett, Jean M. Golden, Jennifer A. Keller, Carolyn Quinn, of counsel), for Defendants-Appellees and Counterplaintiffs.


Presiding Justice GREIMAN delivered the opinion of the court:

This appeal concerns consolidated declaratory judgment actions in which two insurance companies dispute which one has the duty to defend in an underlying personal injury action. The trial court entered summary judgment against plaintiff United States Fire Insurance Company (USFI).

On appeal, USFI asserts that it had no duty to defend under the circumstances of this action and, even if a duty to...

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