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FICHTEL v. BOARD OF DIRECTORS

No. 2-07-1237.

907 N.E.2d 903 (2009)

Julie FICHTEL and Jeffrey Sobotka, Plaintiffs, v. The BOARD OF DIRECTORS OF the RIVER SHORE OF NAPERVILLE CONDOMINIUM ASSOCIATION, Hillcrest Management Company, a/k/a Highcrest Management Company, and Todd Paradis, Defendants (Patricia Gatto and John Gatto, Plaintiffs-Appellants; State Farm Fire and Casualty Company, Defendant-Appellee).

Appellate Court of Illinois, Second District.

April 21, 2009.

Attorney(s) appearing for the Case

Juliet E. Boyd, Scott W. Kummer, Boyd & Kummer, LLC, for Julie Fichtel, John Gatto, Patricia Gatto and Jeffrey Sobotka.

Joseph R. Vallort, Chilton, Yambert, Porter & Young, LLP, Chicago, for Board of Directors of River Shore of Naperville Condominium Association, Hillcrest Management Company and Todd Paradis.

Frederick J. Sudekum III, Lynette D. Simmons, Florence M. Schumacher, Sudekum, Cassidy & Shulruff, Chtd., Chicago, James F. McCluskey, Mark W. Monroe, Momkus McCluskey, LLC, Lisle, for State Farm Fire and Casualty Company.

Presiding Justice ZENOFF delivered the opinion of the court:

The trial court granted summary judgment in favor of defendant State Farm Fire and Casualty Company (State Farm) on August 16, 2007. Following denial of their motion to reconsider, plaintiffs Patricia Gatto and John Gatto (the Gattos) timely appealed, arguing that the trial court erred in concluding that the duty State Farm owed to them was limited to the terms of its insurance contract with them. For the...

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