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ADDISON INS. CO. v. FAY

No. 105752.

905 N.E.2d 747 (2009)

232 Ill.2d 446

328 Ill.Dec. 858

ADDISON INSURANCE COMPANY, Appellee, v. Donna FAY et al., Appellants.

Supreme Court of Illinois.

Rehearing Denied March 23, 2009.

Attorney(s) appearing for the Case

Clifford W. Horwitz, Jay R. Luchsinger, Michael D. Carter, of Horwitz, Horwitz & Associates, Ltd., Chicago, for appellant Laura Shackelford.

Michael G. Mahoney, of Burke, Mahoney & Wise, Chicago, for appellant Donna Fay.

Cassiday Schade, LLP, Chicago (Jean M. Golden, Deborah A. Martin-Sheridan, Jamie L. Hull, Julie A. Teuscher and Brian A. Schroeder, of counsel), for appellee.

OPINION

Justice GARMAN delivered the judgment of the court, with opinion:

Plaintiff, Addison Insurance Company, brought this declaratory action in the circuit court of Will County against the defendants, the estates of two young boys who were injured as a result of an Addison policyholder's negligent maintenance of its property. The insured's liability is not at issue in this case. Rather, this court is asked to determine whether the injuries to the boys...

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