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AMERICAN FAMILY MUT. INS. v. CHICZEWSKI

No. 2-97-1228.

700 N.E.2d 777 (1998)

298 Ill. App.3d 1092

233 Ill.Dec. 249

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. Linda CHICZEWSKI, Next Friend of K.C., a Minor, et al., Defendants-Appellants (Richard Eitel, Jr., Defendant).

Appellate Court of Illinois, Second District.

September 14, 1998.

Attorney(s) appearing for the Case

Russell J. Heitz, Wyeth, Heitz & Bromberek, Naperville, for Joseph Chiczewski and Linda Chiczewski.

Carol Proctor, Hinshaw & Culbertson, Chicago, for American Family Mut. Ins. Co.

Justice INGLIS delivered the opinion of the court:

Defendants, Linda Chiczewski, individually, and as next friend of K.C., a minor, and Joseph Chiczewski, appeal the order of the circuit court of Du Page County granting summary judgment for plaintiff, American Family Mutual Insurance Company (American Family). We affirm.

American Family brought a declaratory judgment action seeking a judicial determination that it was not obligated to defend or indemnify its...

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