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HOME INS. CO. v. CINCINNATI INS. CO.

No. 1-02-2956.

801 N.E.2d 997 (2003)

345 Ill. App.3d 40

280 Ill.Dec. 52

The HOME INSURANCE COMPANY as the successor in interest to the Home Indemnity Company, Plaintiff-Appellant, v. The CINCINNATI INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied January 9, 2004.

Attorney(s) appearing for the Case

Pretzel & Stouffer, Chicago (Robert Marc Chemers & Daniel G. Willis, of counsel), for Appellant.

Litchfield Cavo, Chicago (Mitchell H. Frazen & Alexis Hawker, of counsel), for Appellee.

Presiding Justice HOFFMAN delivered the opinion of the court:

In this declaratory judgment action, the plaintiff, Home Insurance Company (Home), appeals from a circuit court order granting summary judgment in favor of the defendant, Cincinnati Insurance Company (Cincinnati), and denying its cross-motion for summary judgment. For the reasons which follow, we affirm.

The facts giving rise to this litigation are substantially undisputed. Allied Asphalt Paving...

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