PROGRESSIVE UNIVERSAL INS. CO. v. LIBERTY MUT. FIRE INS. CO.

No. 2-03-0419.

806 N.E.2d 1224 (2004)

347 Ill. App.3d 411

282 Ill.Dec. 636

PROGRESSIVE UNIVERSAL INSURANCE COMPANY OF ILLINOIS, Plaintiff-Appellee, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant-Appellant (Mikhail Lavit, Susan Lavit, Ronald Abbinante, and Casale Pizza, Inc., Defendants).

Appellate Court of Illinois, Second District.

March 29, 2004.


Attorney(s) appearing for the Case

Joseph P. Postel, Shari D. Goggin-Ward, Meachum, Spahr, Cozzi, Postel & Zenz, & Matyas, Chicago, for Liberty Mutual Fire Insurance Company.

Alyssa M. Campbell, Lloyd E. Williams, Jr., Richard Hodyl, Jr., Mark Misiorowski, Williams, Montgomery & John, Ltd., Chicago, for Progressive Universal Insurance Company of Illinois.


Justice BOWMAN delivered the opinion of the court:

Defendant, Liberty Mutual Fire Insurance Company (Liberty Mutual), appeals from the trial court's order granting the motion for summary judgment by plaintiff, Progressive Universal Insurance Company of Illinois (Progressive), and denying Liberty Mutual's cross-motion for summary judgment. Progressive obtained a declaration that, pursuant to an exclusion in its insurance policy, it had no duty to defend or indemnify...

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