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WEST BEND MUT. INS. v. MULLIGAN MASONRY CO.

No. 2-01-0909.

786 N.E.2d 1078 (2003)

337 Ill. App.3d 698

272 Ill.Dec. 244

WEST BEND MUTUAL INSURANCE COMPANY, Plaintiff-Appellant and Cross-Appellee, v. MULLIGAN MASONRY COMPANY, INC., Defendant-Appellee and Cross-Appellant (R.C. Wegman Construction Company, Defendant and Cross-Appellant and Donald Weeks, Defendant).

Appellate Court of Illinois, Second District.

March 24, 2003.

Attorney(s) appearing for the Case

Francis A. Spina, Cremer, Kopon, Shaughnessy & Spina, LLC, Chicago, for West Bend Mutual Insurance Co.

John J. Piegore, Patti M. Deuel, Kiesler & Berman, George P. Smyrniotis, Bollinger, Ruberry & Garvey, Chicago, for Mulligan Masonry Co., Inc., R.C. Wegman Construction Co.

Mark C. Murnane, Anesi, Oxmon, Rodin, Novak & Kohen, Ltd., Chicago, for Donald Weeks.

Justice CALLUM delivered the opinion of the court:

Plaintiff, West Bend Mutual Insurance Company, sought a declaration that it had no duty to defend or indemnify its insured, defendant, Mulligan Masonry Company, Inc., against a third-party action arising out of an injury to defendant's employee, Donald Weeks. Ruling that plaintiff owed a duty to defend, the trial court denied plaintiff's motion for summary judgment and granted defendant's motion for summary judgment...

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