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VIRGINIA SUR. CO. v. ADJUSTABLE FORMS INC.

No. 1-07-2663.

888 N.E.2d 733 (2008)

VIRGINIA SURETY COMPANY, Plaintiff-Appellee, v. ADJUSTABLE FORMS INC., Illinois Insurance Guaranty Fund, Morse Diesel Inc., AMEC Construction Company, formerly known as Morse Diesel International, Inc., AMEC, Inc., MCL Companies of Chicago, Inc., MCL Construction Companies, MCL Ventures, Inc., MCL Equities Corporation, MCL Corporation, MCL Management Corporation, River East, L.L.C., River East Inc., Leam Steel Erectors Inc., Liebherr-Werk Biberach GmbH, and Morrow Equipment Company, L.L.C., Defendants. (Illinois Insurance Guaranty Fund, Defendant-Appellant).

Appellate Court of Illinois, First District, Fifth Division.

May 16, 2008.

Attorney(s) appearing for the Case

J. Murray Pinkston, III, of counsel, Stone & Moore, Chartered, Chicago, IL, for Appellant.

Richard T. Valentino and Michael Resis, of counsel, SmithAmundsen LLC, Chicago, IL, for Appellee.

Justice GALLAGHER delivered the opinion of the court:

Defendant Illinois Insurance Guaranty Fund (IIGF) appeals the trial court's granting of summary judgment in favor of Virginia Surety Company, Inc. (Virginia Surety). On appeal, the IIGF contends that the trial court erred in granting summary judgment because the Virginia Surety insurance policy provided workers' compensation coverage for the injury an employee suffered while working on a construction site. The...

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