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PEKIN INS. CO. v. MILLER

No. 1-05-4086.

854 N.E.2d 693 (2006)

PEKIN INSURANCE COMPANY, Plaintiff-Appellant, v. Ken MILLER, doing business as Miller Tree Service, Chicago Title & Trust Company as Trustee under Trust No. 53885, William Givens, Marilyn Givens, John Marek, and Harriet Slayton, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

August 8, 2006.

Attorney(s) appearing for the Case

Robert Marc Chemers and Scott L. Howie, Pretzel & Stouffer Chartered, Chicago, for Appellant.

Daniel E. Compton, Brittain & Ketcham, P.C., Elgin, for Appellees Chicago Title & Trust Company as Trustee under Trust No. 53885, William Givens, Marilyn Givens, John Marek and Harriett Slayton.

Clay J. Mitchell, Wauconda, for Appellee Ken Miller d/b/a Miller Tree Service.

Justice WOLFSON delivered the opinion of the court:

A tree-cutting service operated by Ken Miller was hired to clear trees off certain lots. The trees were cleared from the wrong lots. The tree-cutter's commercial general liability (CGL) insurer, Pekin Insurance Co., refused to defend Miller against lawsuits brought by the owners of the property trees were removed from. This court must decide whether clearing trees off the wrong lots constitutes an "occurrence" under...

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