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BUTERA v. ATTORNEYS' TITLE GUAR. FUND, INC.

No. 1-99-1387.

747 N.E.2d 949 (2001)

321 Ill. App.3d 601

254 Ill.Dec. 537

Joseph BUTERA and Paul Butera, Plaintiffs-Appellants, v. ATTORNEYS' TITLE GUARANTY FUND, INC., Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

March 30, 2001.

Attorney(s) appearing for the Case

Jeffrey S. Youngerman, Stephen D. Sharp, Kovitz, Shifrin & Waitzman, Buffalo Grove, for Appellants.

Robert E. Ellis, Joshua G. Vincent, Hinshaw & Culbertson, Chicago, for Appellee.

Justice THEIS delivered the opinion of the court:

Joseph Butera and Paul Butera (the Buteras) filed an action for declaratory judgment, seeking a binding declaration that the Buteras were "insureds" under the title insurance policy issued by the Attorneys' Title Guaranty Fund, Inc. (ATG), and to hold ATG liable for the back property taxes on the property at issue. On cross-motions for summary judgment, the circuit court granted judgment in favor of ATG.

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