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

No. 97873.

821 N.E.2d 269 (2004)

213 Ill.2d 307

290 Ill.Dec. 218

The HOME INSURANCE COMPANY, Appellant, v. The CINCINNATI INSURANCE COMPANY, Appellee.

Supreme Court of Illinois.

December 2, 2004.

Attorney(s) appearing for the Case

Pretzel & Stouffer, Chrtd., Chicago (Robert Marc Chemers, Daniel G. Wills, of counsel), for appellant.

Daniel G. Litchfield, Mitchell H. Frazen, of Litchfield Cavo, of Chicago, for appellee.

Joseph P. Postel, of Meachum, Spahr, Cozzi, Postel & Zenz, Chicago, for amicus curiae Liberty Mutual Insurance Group.

Justice THOMAS delivered the opinion of the court:

The Home Insurance Company (Home) brought a two-count declaratory judgment action against the Cincinnati Insurance Company (Cincinnati), attempting to recover money paid to settle an underlying personal injury action. On cross-motions for summary judgment, the circuit court of Cook County granted Cincinnati's motion on both counts and denied Home's motion. The appellate court, with one justice dissenting, affirmed...

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