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NORTHERN INS. CO. OF N.Y. v. CITY OF CHICAGO

No. 1-99-3334.

759 N.E.2d 144 (2001)

325 Ill. App.3d 1086

259 Ill.Dec. 664

NORTHERN INSURANCE COMPANY OF NEW YORK, Plaintiff-Appellant, v. The CITY OF CHICAGO, a Municipal Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

November 2, 2001.

Attorney(s) appearing for the Case

Peter C. Morse, David J. Roe, Morse & Bolduc, Chicago, for Appellant.

Mara S. Georges, Corporation Counsel of the city of Chicago, Lawrence Rosenthal, Deputy Corporation Counsel, Benna Ruth Solomon, Chief Assistant Corporation Counsel, Jean Dobrer, Assistant Corporation Counsel, Chicago, for Appellees.

Justice BUCKLEY delivered the opinion of the court:

Northern Insurance Company of New York (Northern) brought this declaratory judgment action against its insured, the City of Chicago (City). Northern's complaint alleged that, because the City failed to provide timely notice of a pending action, Northern owed no duty to defend or indemnify the City. The trial court granted the City's motion for summary judgment and awarded the City $24,000 plus costs and expenses...

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