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STATE AUTO. MUT. v. KINGSPORT DEVELOPMENT

No. 2-05-0568.

846 N.E.2d 974 (2006)

364 Ill. App.3d 946

301 Ill.Dec. 371

STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, as Successor in Interest to Meridian Mutual Insurance Company, Plaintiff-Appellee, v. KINGSPORT DEVELOPMENT, LLC, Defendant-Appellant (W.A. Anderson Construction Company and John Halek, Defendants).

Appellate Court of Illinois, Second District.

April 5, 2006.

Attorney(s) appearing for the Case

Michael M. Marick, Karen M. Dixon, Meckler, Bulger & Tilson LLP, Chicago, for Kingsport Development, LLC.

Renee S. Levitt, Jennifer Quinn Broda, Sedgwick, Detert, Moran & Arnold, LLP, Chicago, for State Automobile Mutual Insurance Company.

Kevin J. Luther, Heyl, Royster, Voelker & Allen, Rockford, for W.A. Anderson Construction Company.

Christopher M. Norem, Parente & Norem, P.C., Chicago, for John Halek.

Justice BOWMAN delivered the opinion of the court:

Defendant, Kingsport Development, LLC (Kingsport), appeals from the trial court's grant of summary judgment in favor of plaintiff, State Automobile Mutual Insurance Company (State Auto). The trial court ruled that State Auto did not have a duty to defend or indemnify Kingsport in an underlying action. We reverse and remand.

I. BACKGROUND

Kingsport was the developer and general contractor of a residential...

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