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ESSEX INSURANCE COMPANY v. WRIGHT

No. 1-05-0267.

862 N.E.2d 1194 (2007)

308 Ill.Dec. 991

ESSEX INSURANCE COMPANY, Plaintiff-Appellee, v. Harold WRIGHT, Special Administrator of the Estate of Brian Wright, Deceased, Defendant-Appellant (O'Hare Auto Recycling, Defendant).

Appellate Court of Illinois, First District, Sixth Division.

February 9, 2007.

Attorney(s) appearing for the Case

Bryan J. O'Connor, Baal & O'Connor, Chicago, for Harold Wright, as Special Administrator of the Estate of Brian Wright, Deceased.

Melinda S. Kollross, Steven N. Novosad, Chip G. Schoneberger, Clausen Miller, P.C., Chicago, for Appellee Essex Insurance Company.

Justice McNULTY delivered the opinion of the court:

Essex Insurance Company brought an action for declaratory judgment against its insured, O'Hare Auto Recycling, to determine whether its commercial general liability insurance policy covered a spoliation of the evidence claim filed against O'Hare. The trial court entered summary judgment in favor of Essex. We affirm.

BACKGROUND

Brian Wright died on October 13, 2002, when the Ford Bronco he was driving...

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