COUNTRY COS. v. UNIVERSAL UNDERWRITERS INS.

No. 3-02-0305.

796 N.E.2d 639 (2003)

343 Ill. App.3d 224

277 Ill.Dec. 553

COUNTRY COMPANIES, as subrogee of Michael D. Falatko Plaintiff-Appellee, v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, d/b/a Universal Underwriters Group, Defendant-Counterdefendant-Appellant (Mark R. Seckler, Defendant-Counterplaintiff-Appellee).

Appellate Court of Illinois, Third District.

August 27, 2003.


Attorney(s) appearing for the Case

John F. Watson, Stephen L. Corn, Craig & Craig (argued), Mattoon, for Universal Underwriters Ins. Co.

Chester C. Fuller, Peoria, for County Companies.

Hal Schlicksup, Peoria, for Michael D. Falatko, Patricia Falatko.

David E. Jones, Hinshaw & Culbertson, Peoria, Joshua G. Vincent (argued), Hinshaw & Culbertson, Chicago, for Mark R. Seckler.

Maximilian M. Prusak, Prusak & Winne, Ltd., Daniel L. Johns, Westervelt, Johnson, Nicoll & Keller, Peoria, for Ruff Electrical Services, Inc.

Stephen Burriesci, Judge & James, Ltd., Park Ridge, for Appellee.


Justice LYTTON delivered the opinion of the court:

Country Companies brought a subrogation action against Mark Seckler and Universal Underwriters Insurance Company ("Universal") based on an auto accident involving Seckler and one of its insureds, Michael Falatko. Seckler filed a counterclaim against Universal seeking a declaration that Universal had a duty to defend and indemnify him. The trial court ruled in favor of Seckler and against Universal, finding that Universal...

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