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LEGION INS. v. EMPIRE FIRE & MARINE INS.

No. 1-03-2833.

822 N.E.2d 1 (2004)

354 Ill. App.3d 699

290 Ill.Dec. 719

LEGION INSURANCE COMPANY, Plaintiff and Counterdefendant-Appellant, v. EMPIRE FIRE AND MARINE INSURANCE COMPANY, Defendant and Counterplaintiff-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied February 3, 2005.

Attorney(s) appearing for the Case

David M. Holmes, Izabella A. Bielinska, Smita Mokshagundam, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Chicago, for Appellant.

Esther Joy Schwartz, Stellato & Schwartz, Ltd., Chicago, for Appellee.

Justice THEIS delivered the opinion of the court:

This appeal arises from a contribution and declaratory judgment action brought by plaintiff-counterdefendant Legion Insurance Company (Legion) against defendant-counterplaintiff Empire Fire & Marine Insurance Company (Empire) concerning their mutual insured, Barrco Industries, Inc. (Barrco). Empire also filed a counterclaim for a declaratory judgment, seeking a declaration that it did not owe Barrco a duty to defend...

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