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PEKIN INS. CO. v. PHELAN

No. 3-02-0933.

799 N.E.2d 523 (2003)

343 Ill. App.3d 1216

278 Ill.Dec. 805

PEKIN INSURANCE COMPANY, Plaintiff-Appellant, v. Ann PHELAN individually and doing business as R. Rootz Salon, Jacquelin A. Elgin, and Imaginations on Hair, Inc., a corporation, Defendants-Appellees.

Appellate Court of Illinois, Third District.

October 29, 2003.

Attorney(s) appearing for the Case

Robert Marc Chemers, Scott L. Howie, William M. Shea, Pretzel & Stouffer, Chtd., Chicago, for Pekin Insurance Company.

John P. Fleming, Scott E. Umland, Fleming & Payne, Peoria, for Ann Phelan.

David B. Radley, Baymiller & Radley, Peoria, Andrew J. Martone, Bobroff, Hesse, Lindmark & Martone, St. Louis, for Jacquelin A. Elgin.

Justice LYTTON delivered the opinion of the court:

Plaintiff, Pekin Insurance Company (Pekin), appeals the circuit court's judgment that it had a duty to defend a suit against its insured, Ann Phelan, and her business, R. Rootz Salon. The underlying suit, initiated by Imaginations on Hair, Inc., alleges that Phelan and others made statements intended to lure customers away from Imaginations. Phelan claimed coverage from the suit under her business insurance policy...

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