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  5. 833 N.E.2d 871 (2004)
 

COUNTRY MUT. INS. CO. v. LIVORSI MARINE

Nos. 1-03-2832, 1-03-2912.

833 N.E.2d 871 (2004)

358 Ill. App.3d 880

295 Ill.Dec. 665

COUNTRY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. LIVORSI MARINE, INC. and Gaffrig Performance Industries, Defendants-Appellants.

Appellate Court of Illinois, First District, Second Division.

November 30, 2004.

Attorney(s) appearing for the Case

Stephen G. Kehoe, Law Offices of Stephen G. Kehoe, Chicago, for Appellant Gaffrig Performance Industries, Inc.

Kevin M. Flowers and Mark H. Izraelewicz, Marshall, Gerstein & Borun, LLP, Chicago, for Appellant Livorsi Marine, Inc.

Keith G. Carlson, Carlson Law Offices, Chicago, for Appellee County Mutual Insurance Company.

Justice WOLFSON delivered the opinion of the court:

This insurance coverage case raises a question that has not been squarely answered in this State: When an insured is required by its contract with its insurer to give timely notice of a lawsuit against it, but does not do so and has no excuse for not doing it, does the insurer have to prove prejudice before it can avoid coverage? We conclude this insurer did not have to prove it was prejudiced by an unreasonably...

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