FIRST MIDWEST BANK v. STEWART TITLE CO.

No. 1-03-3248.

823 N.E.2d 168 (2005)

355 Ill. App.3d 546

291 Ill.Dec. 158

FIRST MIDWEST BANK, N.A., Plaintiff-Appellant, v. STEWART TITLE GUARANTY COMPANY, a Texas Corporation, Defendant-Appellee, Clear Title, Inc., an Illinois Corporation, Intercounty National Title Insurance Company, an Illinois Corporation, Defendants.

Appellate Court of Illinois, First District, Fourth Division.

January 20, 2005.


Attorney(s) appearing for the Case

Stitt, Klein, Daday, Aretos & Giampietro, LLC, Chicago (Stephen G. Daday and Wayne B. Giampietro, of counsel), for Appellant.

Cohon Raizes & Regal LLP, Chicago (Maurice P. Raizes and J. Michael Williams, of counsel), for Appellee.


Presiding Justice REID delivered the opinion of the court:

The plaintiff, First Midwest Bank, N.A. (First Midwest), appeals from the trial court's orders regarding its second amended complaint that granted Stewart Title Guaranty Company's (Stewart Title): (1) motion for summary judgment with regard to count I, which sought a declaration that Stewart Title is liable to First Midwest with regard to a title insurance policy it issued, and (2) motion under section 2-615...

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