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COUNTRY MUT. INS. CO. v. OLSAK

No. 1-07-2273.

908 N.E.2d 1091 (2009)

COUNTRY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee and Counterdefendant-Appellee, v. Thomas OLSAK and Joseph Pecoraro, Defendants-Appellants and Counterplaintiffs-Appellants (Fremd High School Hockey Club, James Balkonis, Frank Biskner, William DeGironemo, James LaPetina, Kenneth Nordgren, Edward Pudlo, and Matthew Sprenzel, Defendants.)

Appellate Court of Illinois, First District, Third Division.

May 13, 2009.

Attorney(s) appearing for the Case

Norman J. Lerum, Norman J. Lerum, P.C., Chicago, IL, James M. Messineo, James M. Messineo & Associates, Inverness, IL, for Appellants.

Keith G. Carlson, Carlson Law Offices, Brian Schroeder, Cassiday, Schade & Gloor, LLP, Chicago, IL, for Appellee.

Presiding Justice MURPHY delivered the opinion of the court:

Plaintiff, Country Mutual Insurance Company, filed a complaint for declaratory judgment seeking a determination of whether it owed defendant, Thomas Olsak, a duty to defend or indemnify him in underlying litigation. The underlying complaint alleged that Olsak, a 17-year-old hockey player, committed battery when he punched Joseph Pecoraro, his coach, in the head during an altercation. Pecoraro settled his...

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