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FREMONT COMP. INS. CO. v. ACE-CHICAGO GREAT DANE CORP.

No. 1-98-2403.

710 N.E.2d 132 (1999)

304 Ill. App.3d 734

237 Ill.Dec. 709

FREMONT COMPENSATION INSURANCE COMPANY, as successor in interest to Casualty Insurance Company, Plaintiff and Counterdefendant, v. ACE-CHICAGO GREAT DANE CORPORATION, an Illinois Corporation, Defendant and Counterplaintiff (Fred Grossman, Defendant.) Ace-Chicago Great Dane Corporation, an Illinois Corporation, Third-Party Plaintiff-Appellant, v. The Potomac Insurance Company of Illinois, an Illinois Corporation, Third-Party Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

March 31, 1999.

Attorney(s) appearing for the Case

Hilfman & Fogel, Chicago (William F. Martin, of counsel), for Appellant.

Matyas and Norris, Chicago (Patricia Janezich, of counsel), for Appellee.

Justice HOFFMAN delivered the opinion of the court:

This appeal arises from the circuit court's determination in a declaratory judgment proceeding that Potomac Insurance Company of Illinois (Potomac) is under no obligation to defend or indemnify its insured, Ace-Chicago Great Dane Corporation (Ace), in a separate action for negligent spoliation of evidence filed by Fred Grossman. Our analysis of the issues presented requires a brief recitation of the events leading...

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