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FOGEL v. ENTERPRISE LEASING CO. OF CHICAGO

Nos. 1-02-1645, 1-02-2244, 1-02-2318.

817 N.E.2d 1135 (2004)

353 Ill. App.3d 165

288 Ill.Dec. 485

Donald FOGEL, Plaintiff-Appellant and Cross Appellee, v. ENTERPRISE LEASING COMPANY OF CHICAGO, a Nevada Corporation, Defendant-Appellee and Cross Appellant (James Burke, Plaintiff; Allstate Indemnity Company, United Services Automobile Association, Mehul Thakkar, and Michael J. De Luca, Defendants).

Appellate Court of Illinois, First District, Sixth Division.

September 30, 2004.

Attorney(s) appearing for the Case

Margarita T. Kulys, Marvin J. Leavitt, Grund & Leavitt, P.C., Chicago, for Plaintiff-Appellant and Cross-Appellee.

Daniel E. Murphy, Jennifer Adams Murphy, Murphy & Murphy, Chicago, for Defendant-Appellee and Cross-Appellant.

Justice TULLY delivered the opinion of the court:

The plaintiffs, Donald Fogel and James Burke brought a declaratory judgment action against defendants Allstate Indemnity Company (Allstate), Enterprise Leasing Company of Chicago (Enterprise) and Mehul Thakkar, seeking a declaration that Allstate and Enterprise owed a duty to defend and indemnify Thakkar in the underlying personal injury lawsuit. The trial court granted summary judgment in favor of Enterprise, finding...

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