UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff,
v.
SHORENSTEIN REALTY SERVICES, LP; Shorenstein Management, Inc.; Shorenstein Company, LLC; SRI Michigan Avenue Venture, LLC; SRI Michigan Avenue Management, Inc.; 175 East Delaware Place Homeowners Association; and National Union Fire Insurance Company of Pittsburgh, PA, Defendants.
National Union Fire Insurance Company of Pittsburgh, PA; SRI Michigan Avenue Venture, LLC; Shorenstein Realty Services, LP; Shorenstein Management, Inc.; SRI Michigan Avenue, Inc.; and Shorenstein Company, LLC, Counter-Plaintiffs,
v.
United States Fidelity and Guaranty Company, Counter-Defendant.
National Union Fire Insurance Company of Pittsburgh, PA; SRI Michigan Avenue Venture, LLC; Shorenstein Realty Services, LP; Shorenstein Management, Inc.; SRI Michigan Avenue, Inc.; and Shorenstein Company, LLC, Third-Party Plaintiffs,
v.
American Motorists Insurance Company, Third-Party Defendant.
United States District Court, N.D. Illinois, Eastern Division.https://leagle.com/images/logo.png
July 8, 2008.
July 8, 2008.
Attorney(s) appearing for the Case
Patrick Paul Clyder, Daniel Gene Wills, Swanson, Martin & Bell, Chicago, IL, for 175 East Delaware Place Homeowners Association and Mt. Hawley Insurance Company.
Roderick T. Dunne, Carrie Anne Von Hoff, Charles F. Morrissey, Karbal, Cohen, Economou, Silk & Dunne, LLC, Chicago, IL, for United States Fidelity and Guaranty Company.
Ami Louise DeMarco, Purcell & Wardrope, Chtd., Chicago, IL, for National Union Fire Insurance Company of Pittsburgh, PA, SRI Michigan Avenue Management, Inc., SRI Michigan Avenue Venture, LLC, Shorenstein Company, LLC, Shorenstein Management, Inc. and Shorenstein Realty Services, LP.
Kathryn Anne Feagans, Purcell & Wardrope, Chartered, Chicago, IL, for SRI Michigan Avenue Management, Inc., SRI Michigan Avenue Venture, LLC and Shorenstein Company, LLC.
Margaret Martha Fitzsimmons, John P. O'Malley, Crisham & Kubes Ltd., Chicago, IL, for American Motorists Insurance Company.
Michael Duane Sanders, Thomas B. Underwood, Purcell & Wardrope, Chtd., Chicago, IL, for SRI Michigan Avenue Management, Inc., SRI Michigan Avenue Venture, LLC, Shorenstein Company, LLC, Shorenstein Management, Inc. and National Union Fire Insurance Company of Pittsburgh, PA.
United States District Court, N.D. Illinois, Eastern Division.
MEMORANDUM OPINION AND ORDER
ELAINE E. BUCKLO, District Judge.
Third-party defendant American Motorists Insurance Company ("AMICO") has moved to dismiss count III of the third-party complaint ("the complaint") pursuant to FED.R.CWP. 12(b)(1) & (6). For the following reasons, the motion is denied.
I.
This is a declaratory judgment action arising out of a scaffold collapse at the John Hancock Center in Chicago on March 9, 2002...
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