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PEKIN INS. CO. v. FIDELITY & GUAR. INS. CO.

No. 4-04-0039.

830 N.E.2d 10 (2005)

357 Ill. App.3d 891

294 Ill.Dec. 10

PEKIN INSURANCE COMPANY, an Illinois Insurance Corporation; Larrie D. Brown, Individually, and doing business as Brown's Vehicle Inspection; and Christopher T. Huckstep, Plaintiffs-Appellants, v. FIDELITY & GUARANTY INSURANCE COMPANY, an Iowa Insurance Corporation, Defendant-Appellee (Janice L. Holmes; Ray L. Holmes; Suzann R. Witt; and Danny L. Witt, Defendants).

Appellate Court of Illinois, Fourth District.

Decided March 14, 2005.

Attorney(s) appearing for the Case

Robert Marc Chemers (argued), Richard R. Gordon, Chicago, for Pekin Insurance Company.

Thomas M. Hamilton (argued), Jennifer K. Gust, Christine L. Olson, Timothy G. Shelton, Hinshaw & Culbertson LLP, Chicago, for Fidelity & Guaranty Insurance Co.

Justice MYERSCOUGH delivered the opinion of the court:

In February 1999, a business van owned by Sanfilippo and Sons, Inc. (delivery van owner), and insured by defendant Fidelity and Guaranty Insurance Company (Fidelity) broke down. The driver, Thomas Graff (delivery van driver), called for a tow and Brown's Vehicle Inspection (Brown's towing business), a business owned by Larrie D. Brown, responded with a tow truck insured by plaintiff Pekin Insurance Company (Pekin...

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