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WESTFIELD NAT. INS. CO. v. CONTINENTAL COMMUNITY BK. AND TRUST CO.

No. 2-01-1369.

804 N.E.2d 601 (2003)

346 Ill. App.3d 113

281 Ill.Dec. 636

WESTFIELD NATIONAL INSURANCE COMPANY, Plaintiff-Appellee, v. CONTINENTAL COMMUNITY BANK AND TRUST COMPANY, as Next Friend and Guardian of the Estates of J.S. and S.S., Minors, Defendant-Appellant (Jill Wood Valdez, Defendant).

Appellate Court of Illinois, Second District.

Rehearing Denied March 3, 2004.

Attorney(s) appearing for the Case

Junie L. Sinson, Sinson & Sinson, Ltd., Chicago, for Continental Community Bank & Trust Co., Jill Wood Valdez.

Richard T. Valentino, Lynn Urkov Thorpe, Mora, Baugh, Waitzman & Unger, LLC, Chicago, for Westfield Insurance Co.

Presiding Justice HUTCHINSON delivered the opinion of the court:

In 2001 plaintiff, Westfield National Insurance Company (Westfield), brought a declaratory judgment action seeking a judicial determination that it was not obligated to defend or indemnify its insured, Jill Wood Valdez (the aunt), in a civil suit filed against her by defendant, Continental Community Bank and Trust Company, as next friend and guardian of the...

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