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METROPOLITAN PROPERTY & CAS. v. PITTINGTON

No. 3-04-0119.

841 N.E.2d 413 (2005)

362 Ill. App.3d 220

299 Ill.Dec. 1

METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff-Appellee, v. James M. PITTINGTON and Pete R. Harrison, Defendants-Appellants.

Appellate Court of Illinois, Third District.

As Modified Upon Rehearing December 23, 2005.

Attorney(s) appearing for the Case

Francis J. Coyle, Jr., Coyle, Gilman & Stengel, Rock Island, for Pete R. Harrison.

Raymond J. Conklin, Rock Island, David B. Mueller, Cassidy & Mueller, Peoria, for Metropolitan Property and Casualty Insurance Co.

Modified Upon Rehearing

Justice SCHMIDT delivered the opinion of the court:

Plaintiff, Metropolitan Property and Casualty Insurance Company, issued a policy of insurance to defendant James Pittington. On May 7, 2000, Pittington shot defendant Pete Harrison while both were at the Pittington residence. In a separate case, Harrison's estate filed a negligence action against Pittington seeking damages for bodily injury. Prior to the filing of the bodily injury...

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