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AMERICAN FAMILY MUT. INS. CO. v. SAVICKAS

Nos. 1-96-4428, 1-97-0026.

711 N.E.2d 1 (1998)

304 Ill. App.3d 614

238 Ill.Dec. 188

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. Michael SAVICKAS and Elizabeth Vinicky, Adm'r of the Estate of Thomas S. Vinicky, Deceased, Defendants-Appellants.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied April 27, 1999.

Dissenting Opinion filed April 27, 1999.

Attorney(s) appearing for the Case

William E. Reynolds, Chicago by Timothy Quinn; Law Office of Jerry A. Latherow, Chicago (Charles A. Porretta, of counsel), for Defendants-Appellants.

Kiesler & Berman, Chicago (Robert L. Kiesler, John J. Piegore and Shannon F. O'Shea, of counsel), for Plaintiff-Appellee.

Justice McNULTY delivered the opinion of the court:

American Family Mutual Insurance Company sued for a judgment declaring that it had no duty to defend or indemnify its insured, Michael Savickas, in a lawsuit Elizabeth Vinicky brought against him. The trial court granted summary judgment for American Family. Savickas appeals in docket number 1-97-0026 and Vinicky appeals in docket number 1-96-4428. We consolidated the appeals.

After a jury found Savickas...

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