AMERICAN STANDARD INS. CO. v. GNOJEWSKI

No. 5-99-0468.

747 N.E.2d 367 (2001)

319 Ill. App.3d 970

254 Ill.Dec. 327

AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, Plaintiff, v. Richard S. GNOJEWSKI, Estate of Pamela Gnojewski, Deceased, Estate of Joseph Frasier, Deceased, and Michael Falcetti, Defendants (Melvin Frasier, Administrator of the Estate of Joseph Frasier, Deceased, and Michael Falcetti, Third-Party Plaintiffs-Appellees, v. Gallant Insurance Company, f/k/a Allied American Insurance Company, Third-Party Defendant-Appellant.)

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted April 4, 2001.

Opinion Filed April 4, 2001.


Attorney(s) appearing for the Case

William D. Shultz, Jr., Kurowski & Bailey, P.C., Swansea; Edward J. Kionka, Carbondale, for Gallant Insurance Company.

Lanny H. Darr, Coppinger, Carter, Schrempf & Blaine, Ltd.; David Hesi, Wiseman, Shaikewitz, McGivern, Wahl, Flavin, Hesi & Mormino, Alton; Tom W. Chapman, Calvo & Mateyka, Granite City, for Melvin Frasier and Michael Falcetti.


Justice GOLDENHERSH delivered the opinion of the court:

The third-party defendant, Gallant Insurance Company (Gallant), appeals the May 7, 1999, summary judgment order denying its motion for summary judgment and granting the motion for summary judgment of the third-party plaintiffs, Melvin Frasier, administrator of the estate of Joseph Frasier (Frasier), and Michael Falcetti. The trial court found that Gallant had a duty to defend the underlying action and failed...

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