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ATLANTIC MUT. INS. CO. v. AMERICAN ACADEMY OF ORTHOPAEDIC SURGEONS

No. 1-98-2670.

734 N.E.2d 50 (2000)

315 Ill. App.3d 552

248 Ill.Dec. 342

ATLANTIC MUTUAL INSURANCE COMPANY and Centennial Insurance Company, Plaintiffs-Appellees, v. AMERICAN ACADEMY OF ORTHOPAEDIC SURGEONS and Scoliosis Research Society, Defendants-Appellants.

Appellate Court of Illinois, First District, Fifth Division.

July 14, 2000.

Attorney(s) appearing for the Case

Donohue, Brown, Mathewson & Smyth, Chicago (Norman J. Barry, Jr., Karen Kies DeGrand and Eleanor P. Cabrere, of counsel), for Defendants-Appellants.

Clausen Miller P.C., Chicago (James T. Ferrini, Lisa Marco Kouba and Melinda S. Kollross, of counsel), for Plaintiffs-Appellees.

Justice QUINN delivered the opinion of the court:

Plaintiffs, Atlantic Mutual Insurance Company (Atlantic Mutual) and Centennial Insurance Company (Centennial), filed a complaint for declaratory judgment seeking a determination of whether they owed defendants, the American Academy of Orthopaedic Surgeons (AAOS) and the Scoliosis Research Society (SRS) (collectively, defendants), a duty to defend or indemnify them for civil conspiracy and concert of action claims brought...

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