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JEWELERS MUT. INS. v. FIRSTAR BANK ILLINOIS

No. 96805.

820 N.E.2d 411 (2004)

213 Ill.2d 58

289 Ill.Dec. 635

JEWELERS MUTUAL INSURANCE COMPANY et al., Appellees, v. FIRSTAR BANK ILLINOIS, Appellant.

Supreme Court of Illinois.

November 18, 2004.

Attorney(s) appearing for the Case

Hinshaw & Culbertson, L.L.P., Chicago (Lawrence R. Moelmann, Stephen R. Swofford and Clifford E. Yuknis, of counsel), for appellant.

Wolin & Rosen, Ltd., Chicago (Charles R. Franklin and Michael E. Pildes, of counsel), for appellee Bachu Vaidya.

Robert Ostojic, of Leahy, Eisenberg & Frankel, Ltd., Chicago, for appellee Jewelers Mutual Insurance Co.

Justice THOMAS delivered the opinion of the court:

At issue is whether the exculpatory clause in defendant Firstar Bank's safety deposit box rental agreement is enforceable under the facts of this case. We hold that it is not.

BACKGROUND

More than $1 million worth of loose diamonds and jewelry was stolen from three safety deposit boxes that defendant leased to jewel dealers at one of its Chicago branches. The safety deposit box lease agreements provided...

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