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VIRGINIA SUR. CO. v. BILL'S BUILDERS, INC.

No. 3-06-0606.

865 N.E.2d 985 (2007)

VIRGINIA SURETY COMPANY, INC. Plaintiff-Appellant, v. BILL'S BUILDERS, INC., a corporation, and William R. Geigner, Defendants-Appellees. William R. Geigner, Third-Party Plaintiff, v. Ryan-Reum Insurance Agency, Inc., Third-Party Defendant.

Appellate Court of Illinois, Third District.

Rehearing Denied May 14, 2007.

Attorney(s) appearing for the Case

Michael L. Resis (argued), Timothy J. Fagan, John D. LaBarbera, SmithAmundsen LLC, Chicago, for Virginia Surety Company, Inc.

Marilyn Kosin (argued), David X. Kosin, Kosin Law Office, Ltd., for William R. Geigner.

Anthony J. Tunney, Price, Tunney, Reiter, Chicago, for Bill's Builders, Inc.

Justice CARTER delivered the opinion of the court:

Plaintiff, Virginia Surety Company (Virginia Surety), brought action for declaratory judgment seeking a determination that William R. Geigner (Geigner) was not covered under the workers' compensation insurance policy of Bill's Builder's, Inc. (the corporation) and that Virginia Surety had no duty to make payment on Geigner's workers' compensation claim. Virginia Surety and Geigner filed cross motions for summary judgment...

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