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CMK DEVELOPMENT v. WEST BEND MUT. INS. CO.

No. 1-08-1155.

917 N.E.2d 1155 (2009)

335 Ill.Dec. 91

CMK DEVELOPMENT CORPORATION, an Illinois Corporation, Plaintiff-Appellee and Cross-Appellant, v. WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

October 30, 2009.

Attorney(s) appearing for the Case

Thomas F. Lucas, McKenna Storer, of Chicago, IL, for Appellant.

Howard L. Teplinsky and Antonia Hays, of Buffalo Grove, IL, for Appellee.

Justice ROBERT E. GORDON delivered the opinion of the court:

This appeal concerns whether an insurance company had a duty to defend its insured, a residential developer.

The facts are undisputed, and can be summarized in a paragraph. After the developer built a home for a couple, the couple presented a long list of alleged defects with the home. The developer then contacted its insurance company which refused to obtain counsel to represent the developer, in...

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