AMERICAN COUNTRY INS. CO. v. WILLIAMS

No. 1-01-3642.

791 N.E.2d 1268 (2003)

339 Ill. App.3d 835

274 Ill.Dec. 857

AMERICAN COUNTRY INSURANCE COMPANY, Counterplaintiff-Appellee, v. Thomas WILLIAMS and Yellow Cab Company, Counterdefendants (Herman Davila, Counterdefendant-Appellant).

Appellate Court of Illinois, First District, Fifth Division.

As Modified June 13, 2003.


Attorney(s) appearing for the Case

Burke & Burke, Ltd., Chicago (John M. Burke and Joseph P. Schreiber, of counsel), for Appellant.

Beerman, Swerdlove, Woloshin, Barezky, Becker, Genin & London, Chicago (Alvin R. Becker and Christopher A. White, of counsel), for Appellee.


MODIFIED UPON REHEARING

Justice QUINN delivered the opinion of the court:

In the underlying action in this case, plaintiff, a police officer pedestrian, was struck by a taxicab. The driver was convicted of misdemeanor battery as a result of that occurrence. Plaintiff filed suit against the taxicab driver and the taxicab company, alleging negligence. The insurer of both the driver and the cab company undertook the defense of the personal injury case.

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