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HOME INS. CO. OF ILLIONS. v. HOOPER

No. 1-95-3056.

691 N.E.2d 65 (1998)

294 Ill. App.3d 626

229 Ill.Dec. 129

The HOME INSURANCE COMPANY OF ILLINOIS, Plaintiff-Appellee, v. Carl HOOPER, Deborah Hooper, and Marc P. Gretz, Trustee for Lester Engineering Company, Debtor in Possession, Defendants-Appellants.

Appellate Court of Illinois, First District, Sixth Division.

January 23, 1998.

Attorney(s) appearing for the Case

Steinberg, Polacek & Goodman, Chicago (Bradley D. Steinberg and Gregory P. Preves, of counsel), for Defendants-Appellants.

Purcell & Wardrope, Chtd., Chicago (Sandra Young and Howard J. Fishman, of counsel), for Plaintiff-Appellee.

Justice QUINN delivered the opinion of the court:

Plaintiff, the Home Insurance Company of Illinois (Home), filed a declaratory judgment action to determine whether a self-insured retention provision of an insurance policy issued to Lester Engineering Corporation (Lester) was a condition precedent requiring Lester to make actual payment of the first $250,000 in damages before Home was liable for the policy limits of the subject liability policy. The defendants, Carl...

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