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LEXMARK INTERN., INC. v. TRANSP. INS. CO.

Nos. 1-01-0719, 1-01-0962.

761 N.E.2d 1214 (2001)

327 Ill. App.3d 128

260 Ill.Dec. 658

LEXMARK INTERNATIONAL, INC., a Kentucky Corporation, Plaintiff-Appellee, v. TRANSPORTATION INSURANCE COMPANY, an Illinois Corporation, and American Motorists Insurance Company, an Illinois Corporation, Defendants-Appellants.

Appellate Court of Illinois, First District, Third Division.

December 19, 2001.

Attorney(s) appearing for the Case

Patrick E. Maloney, Katherine E. Tammaro and Daneen D. Fitzpatrick, Tressler, Soderstrom, Maloney & Priess, Chicago, for American Motorists Insurance Company.

Michael Resis, Ellen L. Green and Victor J. Piekarski, O'Hagan, Smith & Amundsen, L.L.C., Chicago, for Transportation Insurance Company.

John S. Vishneski, III and Angela Elbert Dietz, Neal, Gerber & Eisenberg, Chicago (David A. Gauntlett and Eric R. Little, Gauntlett & Associates, Irvine, CA, of counsel), for Appellee.

Justice WOLFSON delivered the opinion of the court:

The question before us is whether two insurance companies had a contractual duty to defend their insured in underlying causes of action. To answer that question we have to test the tensile strength of factual allegations of the complaints filed against the insured in California and Kentucky courts.

INTRODUCTION

In December 1999, plaintiff Lexmark International...

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