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U.S. FIDELITY & GUARANTY CO. v. ALLIANCE SYNDICATE INC.

No. 1-95-4113.

676 N.E.2d 278 (1997)

286 Ill. App.3d 417

221 Ill.Dec. 757

UNITED STATES FIDELITY & GUARANTY COMPANY and Liebovich Brothers, Inc., Plaintiffs, v. ALLIANCE SYNDICATE INC., Illinois Insurance Exchange, Irland and Rogers, Inc., Cannon Steel Erection Co., and Pekin Insurance Company, Defendants. PEKIN INSURANCE COMPANY, Counter-Plaintiff-Appellant, v. FIDELITY & GUARANTY COMPANY UNDERWRITERS, INC., Counter-Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

February 4, 1997.

Attorney(s) appearing for the Case

Robert Marc. Chemers, Daniel G. Willis and Scott L. Howie, Chicago, for appellant.

Robert L. Kiesler and Patti M. Deuel, Chicago, for appellee.

Justice TULLY delivered the opinion of the court:

Pekin Insurance Company (hereinafter Pekin) filed against Fidelity & Guaranty Company Underwriters, Inc. (hereinafter Fidelity) a counterclaim for declaratory judgment to recover from Fidelity a payment it made pursuant to an excess insurance policy it had issued to Gencon Building Corporation (hereinafter Gencon). In its counterclaim, Pekin alleged that pursuant to the "other insurance" clauses of the policies...

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