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AMERICAN SERVICE INS. CO. v. JONES

No. 1-08-0402.

927 N.E.2d 840 (2010)

AMERICAN SERVICE INSURANCE COMPANY, Plaintiff-Appellant and Cross-Appellee, v. Arthur JONES, Ramos Movers, Inc., Jose G. Torres, Defendants-Appellees (Elite Rental, Inc., and National Casualty Company, Defendants-Appellees and Cross-Appellants; State Farm Mutual Insurance Company, Defendant).

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied May 6, 2010.

Attorney(s) appearing for the Case

Newman Raiz, L.L.C., James P. Newman, Chicago (of counsel), for Plaintiff-Appellant and Cross-Appellee.

Brenner, Ford, Monroe & Scott, Ltd., Stephen A. Kolodziej, Chicago (of counsel), for Defendants-Appellees and Cross-Appellants.

Acosta & Shawski, P.C., Wheaton; Law Offices of Michael Murphy Tannen, P.C., Chicago, for Jose G. Torres.

Justice STEELE delivered the opinion of the court:

In this declaratory judgment action, plaintiff American Service Insurance Company (ASI) appeals an order of the circuit court of Cook County granting summary judgment to defendants Elite Rental, Inc. (Elite), National Casualty Company (National), Ramos Movers, Inc. (Ramos), and Jose G. Torres (Torres) on count II of ASI's complaint, ruling that ASI provided primary coverage and was obligated to defend Ramos in an...

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