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STATE FARM INS. v. AMERICAN SERVICE INS.

No. 1-01-1512.

773 N.E.2d 666 (2002)

332 Ill. App.3d 31

265 Ill.Dec. 902

STATE FARM INSURANCE COMPANY, Plaintiff-Appellee, and Cross Appellant, v. AMERICAN SERVICE INSURANCE COMPANY, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, First District, First Division.

June 24, 2002.

Attorney(s) appearing for the Case

James P. Newman, Newman & Pelafas, Chicago, for Defendant-Appellant.

John R. Adams, Taylor, Miller, Sprowl, Hoffnagle & Merletti, Chicago, for Plaintiff-Appellee.

Presiding Justice COHEN delivered the opinion of the court:

Plaintiff State Farm Insurance Company (State Farm), assignee of Eleazar and Fernando Buzos' automobile insurance policy, brought this action seeking declaratory judgment against the Buzos' insurer, American Service Insurance Company (American). In its complaint, State Farm pled that American had breached its duty to defend the Buzos in an underlying personal injury lawsuit filed by Linda Josephs, State Farm...

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