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SCHAL BOVIS, INC. v. CASUALTY INS. CO.

Nos. 1-97-3655, 1-97-3658 and 1-97-3697.

732 N.E.2d 1179 (2000)

315 Ill. App.3d 353

247 Ill.Dec. 847

SCHAL BOVIS, INC., MKDG/Buck 123 Partnership and Northbrook Property & Casualty Company, Plaintiffs-Appellants, v. CASUALTY INSURANCE COMPANY and American States Insurance Co., Defendants-Counterdefendants-Appellees (Wausau Insurance Company and Great American Insurance Company, Defendants-Counterplaintiffs-Appellants). American National Fire Insurance Company (Great American) Plaintiff-Appellant, v. American States Insurance and Casualty Insurance Company, Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied August 1, 2000.

Attorney(s) appearing for the Case

Williams & Montgomery, Ltd., Chicago (Barry L. Kroll, David E. Neumeister, James K. Horstman, Lloyd E. Williams, Jr., of counsel), for appellant.

Beermann, Swerdlove, Woloshin, Barezky, Becker, Genin & London, Chicago (Timothy M. Kelly, of counsel), for appellant American National Fire Insurance Co.

O'Hagan, Smith & Amundsen, L.L.C., Chicago (Michael Resis and Rosalyn M. Colden, of counsel), for appellee.

Presiding Justice ZWICK delivered the opinion of the court:

This coverage dispute concerns an attempt by three insurers to recover from two non-paying insurers money paid to settle a judgment in an underlying personal injury action. The separate actions were consolidated in the circuit court, and the court entered final judgments in favor of defendants Casualty Insurance Company (Casualty) and American States Insurance Company (American States) on August 27, 1997...

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