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COUNTRY MUT. INS. CO. v. D AND M TILE, INC.

No. 3-08-0753.

916 N.E.2d 606 (2009)

334 Ill.Dec. 191

COUNTRY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. D AND M TILE, INC., and Dan Walenga, Defendants-Appellants.

Appellate Court of Illinois, Third District.

September 29, 2009.

Attorney(s) appearing for the Case

Frank A. Celani (argued), Mokena, for Dan Walenga.

Gino P. Naughton, Tinley Park, for D and M Tile, Inc.

D. William Porter (argued), Joseph Stockman, Chilton, Yambert, Porter & Young, L.L.P., Geneva, for Country Mutual Insurance Company.

Justice CARTER delivered the opinion of the court:

The plaintiff, Country Mutual Insurance Co. (Country Mutual), filed the instant action for a declaratory judgment, seeking a ruling that it had no obligation under an insurance policy to defend and indemnify defendant D and M Tile for a worker's compensation claim filed by defendant Dan Walenga (collectively, the defendants). Country Mutual filed a motion for summary judgment, claiming that it was entitled to judgment...

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