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STATE AUTO PROP. & CAS. INS. CO. v. SPRINGFIELD FIRE & CAS. CO.

No. 4-08-0977.

916 N.E.2d 157 (2009)

334 Ill.Dec. 124

STATE AUTO PROPERTY & CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. SPRINGFIELD FIRE & CASUALTY COMPANY; Matthew R. Boruff and Bradley W. Boruff, as the Co-Administrators of the Estate of Wayne R. Boruff, Deceased; Swearingen Brothers, Inc., an Illinois Corporation; Monty Swearingen Excavating; and Matthew L. Swearingen, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

September 30, 2009.

Justice STEIGMANN delivered the opinion of the court:

In August 2007, plaintiff, State Auto Property & Casualty Insurance Company (State Auto), brought this action for declaratory judgment against defendant, Springfield Fire & Casualty Company (Springfield Fire). These insurers do not question whether both companies' insured, Swearingen Brothers, Inc. (Swearingen Brothers), is liable for the injury to one of its...

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