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L.A. CONNECTION v. PENN-AMERICA INS. CO.

No. 3-05-0158.

843 N.E.2d 427 (2006)

L.A. CONNECTION, Plaintiff-Appellant, v. PENN-AMERICA INSURANCE CO., Defendant-Appellee (Marvin E. White, Administrator of the Estate of Marvin E. White, Jr., Deceased, Defendant).

Appellate Court of Illinois, Third District.

January 20, 2006.

Attorney(s) appearing for the Case

Andrew D. Cassidy (argued), Cassidy & Mueller, Peoria, for L.A. Connection.

Douglas M. DeWitt, James K. Horstman (argued), Iwan Cray Huber Horstman & VanAusdal LLC, Chicago, for Penn-America Insurance Co.

Jeff A. Green, Janssen Law Center, Peoria, for Other Interested Party.

Justice SLATER delivered the opinion of the court:

Marvin E. White, Jr., was shot and killed on the dance floor of plaintiff L.A. Connection, a Peoria bar, on November 11, 2001. White's estate filed a wrongful death action against plaintiff, which tendered defense of the claim to defendant Penn-America Insurance Company ("Penn"). Penn declined to defend or indemnify plaintiff, primarily on the basis of an "assault and battery" exclusion contained in the commercial...

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