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AMERICAN FAMILY v. W.H. McNAUGHTON BUILDERS

No. 2-05-0063.

843 N.E.2d 492 (2006)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. W.H. McNAUGHTON BUILDERS, INC., a/k/a W.H. McNaughton Builders, LLC, Defendant-Appellant.

Appellate Court of Illinois, Second District.

February 6, 2006.

Attorney(s) appearing for the Case

Hugh C. Griffin, Hugh S. Balsam, Gerald O. Sweeney, Ryan M. Henderson, Elsa Y. Trujillo, Lord, Bissell & Brook LLP, Chicago, for W.H. McNaughton Builders, Inc.

Joshua G. Vincent, Carol Proctor, Hinshaw & Culbertson LLP, Chicago, for Appellee.

Justice McLAREN delivered the opinion of the court:

In 2004, defendant, W.H. McNaughton Builders, Inc., a/k/a W.H. McNaughton Builders, LLC (McNaughton), was sued by Fred and Marianne Begy (the Begy Suit), whose home McNaughton had built in 1991. McNaughton turned the Begy Suit over to its insurer, plaintiff, American Family Mutual Insurance Company (American Family), which, pursuant to its policy with McNaughton, had a duty to defend the suit. American Family agreed...

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