VALLEY FORGE INS. v. SWIDERSKI ELECTRONICS

No. 101261.

860 N.E.2d 307 (2006)

223 Ill.2d 352

307 Ill.Dec. 653

VALLEY FORGE INSURANCE COMPANY et al., Appellants, v. SWIDERSKI ELECTRONICS, INC., et al., Appellees.

Supreme Court of Illinois.

November 30, 2006.


Attorney(s) appearing for the Case

Hugh C. Griffin, Arthur J. McColgan, Adam L. Frankel, of Lord, Bissell & Brook, L.L.P., Chicago, Andrew Butz, Joseph S. Crociata and William H. White, Jr., of Bonner Kieurnan Trebach & Crociata, Washington, D.C., for appellants.

Anthony C. Valiulis, Joanne Sarasin, of Much Shelist Freed Denenberg Ament & Rubenstein, P.C., Chicago, for appellee Swiderski Electronics, Inc.

Phillip A. Bock, Robert M. Hatch, of Diab & Bock, L.L.C., Chicago, Brian J. Wanca and Steven A. Smith, of Anderson & Wanca, Rolling Meadows, for appellee Ernie Rizzo, d/b/a Illinois Special Investigations.

Perry M. Shorris, of Bollinger, Ruberry & Garvey, Chicago, for amici curiae American Economy Insurance Company and American States Insurance Company.


Justice GARMAN delivered the judgment of the court, with opinion:

Ernie Rizzo, doing business as Illinois Special Investigations, filed suit individually and on behalf of a class of those similarly situated against Swiderski Electronics, Inc., based on Swiderski's alleged sending of unsolicited facsimile advertisements. Swiderski tendered the defense of the suit to Valley Forge Insurance Company and Continental Casualty Corporation pursuant to insurance policies Swiderski...

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