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STEADFAST INS. CO. v. CAREMARK RX, INC.

No. 1-04-3423.

835 N.E.2d 890 (2005)

359 Ill. App.3d 749

296 Ill.Dec. 537

STEADFAST INSURANCE COMPANY, Plaintiff-Appellant, v. CAREMARK RX, INC. and Caremark, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied September 14, 2005.

Attorney(s) appearing for the Case

Meckler Bulger & Tilson, LLP, Chicago (Philip R. King, Eric D. Stubenvoll & John K. Daly, of counsel), for Appellant.

Ungaretti & Harris LLP, Chicago (Frank E. Pasquesh, Robert H. Griffith & Kevin P. Shea, of counsel), for Appellees.

Justice HOFFMAN delivered the opinion of the court:

In this declaratory judgment action, the plaintiff, Steadfast Insurance Company ("Steadfast"), appeals from a circuit court order entering summary judgment in favor of the defendants, Caremark Rx, Inc. ("Caremark Rx") and Caremark, Inc., finding that Steadfast has a duty to defend them in two underlying federal actions, and denying its cross-motion for summary judgment. For the reasons which follow, we reverse and...

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