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AMERICAN COUNTRY INS. CO. v. HANOVER INS. CO.

No. 1-96-2975.

689 N.E.2d 186 (1997)

293 Ill. App.3d 1025

228 Ill.Dec. 314

AMERICAN COUNTRY INSURANCE COMPANY, Plaintiff-Appellee, v. The HANOVER INSURANCE COMPANY, Defendant-Appellant (Chubb Insurance Company, Scarsdale Development, Ltd., and Kathleen Polizzi, administrator of the estate of Mark Polizzi, deceased, Defendants).

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied January 21, 1998.

Attorney(s) appearing for the Case

Judge & James, Ltd., Park Ridge (Jay S. Judge; Kristine A. Karlin; and Wayne E. Brucar, of counsel), for Defendant-Appellant Hanover Ins. Co.

Kiesler & Berman, Chicago (Robert L. Kiesler, John P. Piegore, Shannon F. O'Shea, of counsel), for Plaintiff-Appellee American Country Ins.

Presiding Justice CERDA delivered the opinion of the court:

This appeal involves an insurance coverage dispute between plaintiff, American Country Insurance Company (American Country), and defendant, The Hanover Insurance Company (Hanover), concerning the priority of coverage for the second $1 million of a $4.5 million settlement in an underlying wrongful death action. After cross-motions for summary judgment were filed and argued, the trial court entered judgment...

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