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VIRGINIA SUR. CO. v. NORTHERN INS. CO.

No. 3-04-0701.

840 N.E.2d 1271 (2005)

362 Ill. App.3d 571

298 Ill.Dec. 836

VIRGINIA SURETY COMPANY, INC., Plaintiff-Appellant v. NORTHERN INSURANCE COMPANY OF NEW YORK and Capital Construction Group, Inc., Defendants-Appellees.

Appellate Court of Illinois, Third District.

December 22, 2005.

Attorney(s) appearing for the Case

Joseph A. Namikas, Gregory G. Vacala (argued), Rusin, Patton Maciorowski & Friedman, Ltd., Chicago, for Virginia Surety Company, Inc.

Francis A. Spina (argued), Heather B. Stewart, Cremer, Kopon, Shaughnessy & Spina, LLC, Chicago, for Northern Insurance Company of New York.

John P. Prusik, Prusik, Selby & Daley, P.C., Chicago, for Capital Constructing Group, Inc.

Justice LYTTON delivered the Opinion of the court:

Both plaintiff, Virginia Surety Company, Inc., and defendant, Northern Insurance Company, insured De Graf Concrete Construction, Inc. Plaintiff filed a declaratory judgment action, seeking a declaration that defendant had a duty to defend and indemnify De Graf with respect to a third-party complaint filed by Capital Construction Group, Inc. against De Graf. Plaintiff and defendant filed motions for summary judgment...

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