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ARGONAUT INS. CO. v. SAFWAY STEEL PRODUCTS

No. 1-02-2449.

822 N.E.2d 79 (2004)

355 Ill. App.3d 1

290 Ill.Dec. 797

ARGONAUT INSURANCE COMPANY, Kenny Construction Company, Inc., and Park Newberry, an Illinois Corporation, Plaintiffs v. SAFWAY STEEL PRODUCTS, INC., Defendant (Reliance Insurance Company of Illinois, Defendant-Appellee; Federal Insurance Company, Intervening Plaintiff-Appellant; Transcontinental Insurance Company, Intervening Defendant-Appellee).

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied February 2, 2005.

Attorney(s) appearing for the Case

Robert J. Franco, Vincent P. Tomkiewicz, Bollinger, Ruberry & Garvey, Chicago, for Appellant.

Mark E. Christensen, Jack C. Hsu, Kirsten Radler Waack, Christensen & Ehert, Chicago, for Reliance Insurance Company of Illinois.

Zacarias R. Chacon, Leena Soni, Cozen O'Connor, Chicago, for Transcontinental Insurance Co.

Justice HALL delivered the opinion of the court:

Federal Insurance Company (Federal), the intervening plaintiff, appeals from an order of the circuit court of Cook County vacating the grant of Federal's motion to intervene and dismissing its counterclaim for declaratory relief against Transcontinental Insurance Company (Transcontinental), the intervening defendant.

On appeal, Federal raises the following issues: (1) whether the circuit court erred in vacating...

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