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SEARS, ROEBUCK AND CO. v. ACCEPTANCE INS.

No. 1-01-4346.

793 N.E.2d 736 (2003)

342 Ill. App.3d 167

275 Ill.Dec. 965

SEARS, ROEBUCK AND COMPANY, a New York corporation, and Alfredo E. Jijon, Third-Party Plaintiffs-Appellants, v. ACCEPTANCE INSURANCE COMPANY, Travelers Casualty and Surety Company, f/k/a Aetna Casualty and Surety Company, and Rosa L. Kresin, Third-Party Defendants-Appellees (Charwil Associates L.P., Defendant; Acceptance Insurance Company, Counterplaintiff; Charwil Associates L.P., Acceptance Insurance Company, Travelers Casualty and Surety Company, f/k/a Aetna Casualty and Surety Company, and Rosa L. Kresin, Counterdefendants).

Appellate Court of Illinois, First District, Fifth Division.

June 30, 2003.

Attorney(s) appearing for the Case

Arnstein & Lehr, Chicago (Arthur L. Klein, Michael R. Turoff, Anna-Katrina S. Christakis and Keli M. Videtto, of counsel), for Appellant.

Stellato & Schwartz, Ltd. (Esther Joy Schwartz, Benjamin B. Belcher, Richard D. Foody and Donald E. Stellato, of counsel), and Mora, Baugh, Waitzman and Unger, L.L.C. (Richard T. Valentino and Lynn Urkov Thorpe, of counsel), Chicago, for Appellee.

Justice QUINN delivered the opinion of the court:

Third-party plaintiffs Sears, Roebuck and Company (Sears) and Alfredo Jijon (collectively plaintiffs) appeal the trial court's grant of summary judgment (735 ILCS 5/2-1005 (West 2000)) in favor of third-party defendants Acceptance Insurance Company (Acceptance) and Travelers Casualty and Surety Company (Travelers). This ruling had the effect of denying Sears and Jijon indemnification for a nearly $15.7 million judgment...

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