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JOHN DEERE INS. CO. v. ALLSTATE INS. CO.

No. 1-97-2904.

698 N.E.2d 635 (1998)

298 Ill. App.3d 371

232 Ill.Dec. 544

JOHN DEERE INSURANCE COMPANY, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, John G. Thomas and Mark E. Gossett, Defendants-Appellees (Allstate Insurance Company and John G. Thomas, Counterplaintiffs-Appellees, v. John Deere Insurance Company, Counter defendant-Appellant; Mark E. Gossett, Counterplaintiff-Appellee, v. John Deere Insurance Company, Allstate Insurance Company and John G. Thomas, Counterdefendants-Appellants).

Appellate Court of Illinois, First District, Third Division.

Nunc Pro Tunc June 30, 1998.

Rehearing Denied July 28, 1998.

Attorney(s) appearing for the Case

Tressler, Soderstrom, Maloney & Priess, Chicago (Shaun McParland Baldwin, Eric J. Emerson, of counsel), for appellant.

Hinshaw & Culbertson (Carol Proctor, Joshua G. Vincent, of counsel), for appellees Allstate Insurance Co. and John G. Thomas.

Peter Alexander, Ltd. (Peter Alexander, of counsel), for appellee Mark E. Gossett.

Justice BURKE delivered the opinion of the court:

Plaintiff John Deere Insurance Company (John Deere) appeals from an order of the circuit court denying its motion for summary judgment and granting defendants, Allstate Insurance Company's (Allstate), John Thomas' (Thomas) and Mark Gossett's (Gossett) cross-motions for summary judgment in John Deere's declaratory judgment action to determine whether it had an obligation to defend or indemnify Thomas, Allstate's insured...

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