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GEN. AGENTS INS. CO. OF AM. v. MIDWEST SPORTING GOODS CO.

No. 1-01-1519.

765 N.E.2d 1152 (2002)

328 Ill. App.3d 482

262 Ill.Dec. 544

GENERAL AGENTS INSURANCE COMPANY OF AMERICA, INC., Plaintiff-Appellee, v. MIDWEST SPORTING GOODS CO., City of Chicago and County of Cook, Defendants-Appellants.

Appellate Court of Illinois, First District, First Division.

March 4, 2002.

Attorney(s) appearing for the Case

Michael Best & Friedrich LLC, Lora E. Minichillo and Kenneth H. Denberg, Chicago, for Appellant.

McCullough, Campbell & Lane, Patrick M. Graber and Bart Rinn, Chicago, for Appellee.

Justice McNULTY delivered the opinion of the court:

The City of Chicago and Cook County sued a number of gun manufacturers and distributors, including Midwest Sporting Goods, for negligently entrusting guns to inappropriate purchasers and thereby creating a public nuisance. Midwest tendered defense of the lawsuit to its liability insurer, General Agents Insurance Company of America (Gainsco). Gainsco filed this action seeking a judgment declaring that it had no duty...

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