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AMERICAN STANDARD INS. CO. v. BASBAGILL

No. 2-00-1476.

775 N.E.2d 255 (2002)

333 Ill. App.3d 11

266 Ill.Dec. 693

AMERICAN STANDARD INSURANCE COMPANY, a member of American Family Insurance Group, Plaintiff-Appellant, v. Paul BASBAGILL and Peter Bencak, as Independent Co-Adm'rs of the Estate of Peter G. Sawczuk, Deceased; Paul Basbagill and Peter Bencak, as Independent Co-Adm'rs of the Estate of Sharon A. Sawczuk, Deceased; Paul Basbagill and Peter Bencak, as special Co-Adm'rs of the Estate of Elizabeth M. Sawczuk, Deceased; Paul Basbagill and Peter Bencak, as Special Co-Adm'rs of the Estate of Katharine A. Sawczuk, Deceased; Randy E. Bresnahan; and Anthony P. Pease, Indiv. and as Agent of Randy E. Bresnahan, Defendants-Appellees.

Appellate Court of Illinois, Second District.

August 21, 2002.

Attorney(s) appearing for the Case

Eileen P. Lenhardt, James M. Hoffman & Associates, Vernon Hills, for American Standard Insurance Co.

James A. Payonk Jr., Bernstein & Payonk, Ltd., Chicago, for Paul Basbagill, Peter Bencak.

Oscar Posterli, Waukegan, for Anthony P. Pease.

James T. Magee, Magee, Negele & Associates, Round Lake, for Randy E. Bresnahan.

Justice KAPALA delivered the opinion of the court:

Plaintiff, American Standard Insurance Company, appeals from an order entered pursuant to a complaint for a declaratory judgment. The order determined that plaintiff had a duty to defend a tort suit (the Sawczuk suit) brought by Paul Basbagill and Peter Bencak, as administrators of the estates of Peter Sawczuk and his family, against plaintiff's insureds, Randy E. Bresnahan...

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