T.H.E. INS. CO. v. CHICAGO FIREWORKS MFG.

Nos. 1-97-3096, 1-97-3245, 1-97-3280 and 1-97-3375.

724 N.E.2d 188 (1999)

311 Ill. App.3d 73

243 Ill.Dec. 879

T.H.E. INSURANCE COMPANY, Plaintiff-Appellee, v. CHICAGO FIREWORKS MANUFACTURING CO., City of Chicago Heights, Manuel Anthony Cadena, a minor by his mother and next friend, Areli Moreno; Larisa Cadena, a minor by her mother and next friend, Delia Garcia; Andres Cadena, a minor by his mother and next friend, Delia Garcia; Marcella Garcia, by her mother and next friend, Delia Garcia; Dale Baikauskas, individually and as father and next friend of Christopher Baikauskas, a minor; Toni McLellan, individually and as mother and next friend of Michael McLellan, a minor, and Jerrica McLellan a minor, Sally Hernandez and Kelley Hernandez, Defendants-Appellants.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied February 3, 2000.


Attorney(s) appearing for the Case

Clifford Law Offices, Chicago, for Cadena defendants.

Kralovec & Marquard, Chartered, Chicago, for City of Chicago Heights.

Karlin and Fleisher, Chicago, for Baikauskas defendants.

Lucid Legal Techniques, Chicago, for McLellan defendants.

Schuyler, Roche & Zwirner, P.C., Charles H. Cole and Dolores Ayala, Chicago, for Appellee.


Justice McNULTY delivered the opinion of the court:

This consolidated appeal involves a dispute regarding coverage under a certificate of insurance and an insurance policy issued by T.H.E. Insurance Company (T.H.E.) to Chicago Fireworks Manufacturing Co. (Fireworks), the insured, and the City of Chicago Heights (City), an additional insured. The trial court entered declaratory judgement in favor of T.H.E., finding that Fireworks and City failed to comply with a condition...

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