POPE EX REL. POPE v. ECONOMY FIRE & CAS.

No. 1-01-2807.

779 N.E.2d 461 (2002)

335 Ill. App.3d 41

268 Ill.Dec. 847

Michael Robert POPE, a Minor, by Cynthia Lea POPE, His Mother and Next Friend, Plaintiff-Appellant, v. ECONOMY FIRE & CASUALTY COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

November 7, 2002.


Attorney(s) appearing for the Case

Anthony Valiulis, Wendy B. Kahn, Much Shelist Freed Denenberg Ament & Rubenstein, P.C., Chicago, for Appellant.

Frank Winston, Jr., Shaw Pittman, LLP, McLean, Jan M. Michaels, Scott M. Salerno, Fedota Childers & May, P.C., Chicago, for Appellee.

John C. Yang, Laura A. Foggan, Michelle E. Boardman, Wiley Rein & Fielding LLP, Washington, DC, for Amicus Curiae, Complex Insurance Claims Litigation Association.


Presiding Justice THEIS delivered the opinion of the court:

Plaintiff Michael Robert Pope, through his mother and next friend, Cynthia Lea Pope, appeals from a declaratory judgment in favor of defendant Economy Fire & Casualty Company (Economy). On crossmotions for summary judgment, the trial court held that Economy did not commit an anticipatory breach of its duty to defend its insured in connection with a lawsuit ...

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