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JHON BRUNS CONST. CO. v. INDIANA INS.

No. 1-97-1806.

700 N.E.2d 763 (1998)

299 Ill. App.3d 169

233 Ill.Dec. 235

JOHN BURNS CONSTRUCTION COMPANY and Royal Insurance Company, Plaintiffs-Counterdefendants-Appellants, v. INDIANA INSURANCE COMPANY, Defendant-Counterplaintiff-Appellee (Sidney Gault, Defendant-Counter defendant-Appellee).

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied October 20, 1998.

Attorney(s) appearing for the Case

Kralovec & Marquard Chartered, Chicago (William E. Spizzirri, David T. Nani and Michael T. Clarke, of counsel), for Plaintiffs-Counter defendants-Appellants.

Condon & Cook, Chicago (Francis J. Leyhane, III, Richard J. Siebert, of counsel), for Defendant-Counterplaintiff-Appellee.

Justice QUINN delivered the opinion of the court:

Plaintiffs, John Burns Construction Company (John Burns) and Royal Insurance Company (Royal), appeal from the trial court's order granting defendant, Indiana Insurance Company's (Indiana Insurance) motion for judgment on the pleadings. At issue is whether an insurer to whom litigation is tendered may seek contribution from another insurer whose policy is applicable, where the insurer to whom tender is made has an ...

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