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STATE FARM FIRE & CAS. CO. v. MARTIN

No. 85659.

710 N.E.2d 1228 (1999)

186 Ill.2d 367

238 Ill.Dec. 126

STATE FARM FIRE & CASUALTY COMPANY, Appellant, v. Gregory Lee MARTIN, Sr., et al., Appellees.

Supreme Court of Illinois.

Rehearing Denied June 1, 1999.

Attorney(s) appearing for the Case

Stephen W. Thomson, Dayna L. Johnson, Thomson Law Offices, P.C., Edwardsville, for Appellant.

John Long, Troy, for Gregory Lee Martin Sr.

Joseph E. Hoefert, Hoefert & Perica, Alton, for Ethelyn J. Gorham.

Samuel A. Mormino, Jr., Wiseman, Shaikewitz, McGivern, Wahl, Hesi & Mormino, P.C., Alton, for Scott Lewis.

David W. Dugan, Pitts, Dugan & Diaz, Wood River, for Amicus Curiae, Ill. Trial Lawyers Assoc.

Justice HEIPLE delivered the opinion of the court:

Plaintiff-appellant, State Farm Fire and Casualty Company (State Farm), filed a declaratory judgment action in the circuit court of Madison County seeking a determination of whether it owed its insured, Gregory Lee Martin, Sr. (Martin), a defense and indemnification in two underlying wrongful death suits. The trial court found that State Farm had a duty to defend and indemnify Martin, and State Farm appealed. The...

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