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CASUALTY INS. CO. v. KENDALL ENT., INC.

No. 1-97-1502.

692 N.E.2d 752 (1998)

295 Ill. App.3d 582

229 Ill.Dec. 763

CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. KENDALL ENTERPRISES, INC., a Corporation and Arthur Bastyr, Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

March 6, 1998.

Attorney(s) appearing for the Case

Pretzel & Stouffer, Chartered, Chicago (Robert Marc Chemers and David N. Larson, of counsel), for Plaintiffs-Appellants.

Marszalek & Marszalek, Chicago (Steven A. Globis and James J. Marszalek, of counsel), for Defendants-Appellees.

Justice QUINN delivered the opinion of the court:

Plaintiff, Casualty Insurance Company, filed a complaint for declaratory judgment against defendants Kendall Enterprises, Inc. (Kendall), and Kendall's employee, Arthur Bastyr, claiming that it had cancelled Kendall's workers' compensation policy and therefore was not obligated to defend Kendall or pay benefits to Bastyr. The circuit court granted defendant Arthur Bastyr's motion to dismiss. Plaintiff contends on appeal...

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