GEN. AGENTS INS. v. MIDWEST SPORTING GOODS

No. 98814.

828 N.E.2d 1092 (2005)

215 Ill.2d 146

293 Ill.Dec. 594

GENERAL AGENTS INSURANCE COMPANY OF AMERICA, INC., Appellee, v. MIDWEST SPORTING GOODS COMPANY et al., Appellants.

Supreme Court of Illinois.

Rehearing Denied May 23, 2005.


Attorney(s) appearing for the Case

Gregory J. Abbott, Downers Grove, for appellant Midwest Sporting Goods Co.

Patrick M. Graber, Michael Bart Rinn, Veronica Nulman, of McCullough, Campbell & Lane, Chicago, for appellee.

Hugh C. Griffin, John B. Haarlow, Janette M. Forman, Daniel S. Lambert, of Lord, Bissell & Brook, L.L.P., Chicago, for amici curiae Certain Underwriters at Lloyd's London.


Justice THOMAS delivered the opinion of the court:

At issue in this case is whether, following a declaration that an insurer has no duty to defend its insured, the insurer is entitled to reimbursement of the amounts paid for the defense of its insured in the underlying lawsuit. The circuit and appellate courts held that the insurer was entitled to reimbursement. For the following reasons, we reverse the judgments of the circuit and appellate courts.

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