AMERICAN FAMILY MUT. INS. CO. v. ENRIGHT

Nos. 2-01-0630, 2-01-0653.

781 N.E.2d 394 (2002)

334 Ill. App.3d 1026

269 Ill.Dec. 597

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Roberta ENRIGHT, Indiv. and as Mother and Next Friend of Jane Doe, a Minor; North Shore Ultrasound, Inc.; Ace Property and Casualty Insurance Company, f/k/a Cigna Insurance Company, Defendants-Appellees (Matthew S. Burnett and Midwestern Regional Medical Center, Inc., Defendants). American Family Mutual Insurance Company, Plaintiff and Counterdefendant-Appellee, v. Ace American Insurance Company, f/k/a Cigna Insurance Company, Defendant and Counterplaintiff-Appellant (Roberta Enright, Indiv. and as Mother and Next Friend of Jane Doe, a Minor; and North Shore Ultrasound, Inc., Defendants and Counterdefendants-Appellees; Midwestern Regional Medical Center, Inc., and Matthew C. Burnett, Defendants and Counterdefendants).

Appellate Court of Illinois, Second District.

Rehearing Denied December 4, 2002.


Attorney(s) appearing for the Case

Eileen P. Lenhardt, of James M. Hoffman & Associates, of Vernon Hills, and Maria Dimeas Jensen, of James M. Hoffman & Associates, of Schaumburg, and Robert Marc Chemers, and Scott L. Howie, of Pretzel & Stouffer, of Chicago, for American Family Mutual Insurance Company.

Fritz K. Huszagh, Terrence P. McAvoy, and Christine L. Olson, all of Hinshaw & Culbertson, of Chicago, for appellee Ace American Insurance Company.

John A. Kornak and Patrick Jennetten, both of Salvi, Schostok & Pritchard, P.C., of Waukegan, for appellee Roberta Enright.

James J. DeSanto and Vernon E. Morgan, both of DeSanto, Morgan & Mittelman, of Libertyville, for appellee North Shore Ultrasound, Inc.


Justice BYRNE delivered the opinion of the court:

These consolidated appeals involve multiple declaratory judgment actions arising from an underlying complaint in which Roberta Enright, as mother and next friend of the minor, Jane Doe, sued Matthew C. Burnett and his employer, North Shore Ultrasound, Inc. (NSU), alleging that Burnett sexually assaulted Jane Doe while performing an ultrasound procedure. The trial court found that both American Family Insurance Company...

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