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CZARNIK v. WENDOVER FINANCIAL SERVICES

No. 1-06-2379.

870 N.E.2d 875 (2007)

Wayne CZARNIK, Plaintiff, v. WENDOVER FINANCIAL SERVICES, an EDS Company, Claims Adjustment Specialists, Inc., Fidelity National Information Solutions, Inc. and Old National Bancorp, Defendants. Old National Bancorp, Defendant/Counterplaintiff-Appellee, v. Wendover Financial Services, an EDS Company, Defendant/Counterdefendant-Appellant, (Fidelity National Information Solutions, Inc., and Claims Adjustment Specialists, Inc., Counter-defendants).

Appellate Court of Illinois, First District, Third Division.

June 13, 2007.

Attorney(s) appearing for the Case

James P. Buckley, James M. Carlson, Ungaretti & Harris LLP, Chicago, for Defendants-Appellants.

Thomas P. Scherschel, Ellen L. Green, SmithAmundsen LLC, St. Charles, Michael Resis, SmithAmundsen LLC, Chicago, for Plaintiff-Appellee.

Presiding Justice THEIS delivered the opinion of the court:

Wendover Financial Services (Wendover) appeals from a circuit court order denying its motion to compel arbitration of a counterclaim for contribution asserted by Old National Bancorp (ONB). Wendover contends that (1) the circuit court erred as a matter of law in holding that contribution claims are not arbitrable in Illinois; and (2) ONB's claim for contribution falls within the scope of the arbitration clause...

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