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FARMERS AUTO. INS. ASS'N v. HUNT

No. 3-98-0021.

704 N.E.2d 680 (1998)

301 Ill. App.3d 716

235 Ill.Dec. 107

The FARMERS AUTOMOBILE INSURANCE ASSOCIATION and Pekin Insurance Company, An Illinois Corporation, Plaintiffs-Appellants, v. Jay HUNT, Jr., and Edward R. Sparks, Individually and d/b/a Mid-Illinois Contractors, Defendants-Appellees.

Appellate Court of Illinois, Third District.

September 14, 1998.

Attorney(s) appearing for the Case

Bradley W. Dunham, Jo T. Wetherill, Quinn, Johnston, Henderson & Pretorius, Chtd., Peoria, for Pekin Ins. Co., The Farmers Auto. Ins. Co.

LeRoy A. Compton, Goldfine & Bowles, P.C., Peoria, for Jay Hunt, Jr.

James M. Tomlin, Peoria, Edward T. Habecker, Hinshaw & Culbertson, Peoria, for Edward R. Sparks.

Justice KOEHLER delivered the opinion of the court:

The plaintiff, Farmers Automobile Insurance Association, filed suit for declaratory judgment in the circuit court of Peoria County (735 ILCS 5/2-701 (West 1994)), asking the court to declare that Farmers has no duty to defend or to indemnify the defendant, Edward Sparks. On cross-motions for summary judgment, the trial court denied Farmers' motion and granted defendant Hunt's cross-motion. The principal question...

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