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  5. 823 N.E.2d 986 (2005)
 

PEKIN INS. CO. v. DIAL

No. 5-03-0646.

823 N.E.2d 986 (2005)

355 Ill. App.3d 516

291 Ill.Dec. 400

PEKIN INSURANCE COMPANY, Plaintiff-Appellant, v. David DIAL and Cynthia Cain, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted January 20, 2005.

Opinion Filed January 20, 2005.

Attorney(s) appearing for the Case

Robert Marc Chemers, Pretzel & Stouffer, Chtd., Chicago, IL, for Appellant.

Christopher B. Daniels, Daniels Law Office, Centralia, IL, for Appellee Cynthia Cain.

Justice HOPKINS delivered the opinion of the court:

Cynthia Cain filed a sexual assault action against Dial Real Estate and Investments and David Dial (Dial), and Dial tendered the defense of Cain's action to his insurer, Pekin Insurance Company (Pekin). Pekin filed this action seeking a declaration that it had no duty to defend Dial in the Cain action. The trial court found that Pekin had a duty to defend Dial and that Pekin breached its duty to defend.

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