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PEKIN INS. CO. v. PULTE HOME CORP.

Nos. 1-02-1353, 1-02-1395.

800 N.E.2d 466 (2003)

344 Ill. App.3d 64

279 Ill.Dec. 398

PEKIN INSURANCE COMPANY, Plaintiff-Appellee and Cross-Appellant, v. PULTE HOME CORPORATION, Defendant-Appellant and Cross-Appellee (Kevin P. Brockman, Plaintiff).

Appellate Court of Illinois, First District, Second Division.

November 4, 2003.

Attorney(s) appearing for the Case

Steven B. Belgrade, John A. O'Donnell and George M. Velcich, of Belgrade and O'Donnell, P.C., Chicago, for Appellant.

Robert Marc Chemers and Andrew G. Witik, of Pretzel & Stouffer, Chartered, Chicago (Robert Marc Chemers and Andrew G. Witik, of counsel), for Appellee.

Justice CAHILL delivered the opinion of the court:

We review a declaratory judgment action of some procedural complexity in which an insurer challenged its duty both to defend and indemnify an additional insured under the insurer's policy. The dispute generated two appeals. In the first, decided February 23, 2000, we affirmed a trial court finding that the insurer's reservation of rights letter was defective and waived the insurer's right to contest a duty to defend...

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