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PEKIN INS. CO. v. PULTE HOME CORP.

No. 1-09-1708.

935 N.E.2d 1058 (2010)

PEKIN INSURANCE COMPANY, Plaintiff-Appellant, v. PULTE HOME CORPORATION, an Illinois Corporation, Jim Kunde Construction, Inc., an Illinois Corporation, and Kenneth J. Kaiser, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

August 25, 2010.

Attorney(s) appearing for the Case

Pretzel & Stouffer, Chartered, Chicago ( Robert Marc Chemers and Scott L. Howie , of counsel), for Appellant.

Belgrade and O'Donnell, P.C., Chicago ( Steven B. Belgrade , John A. O'Donnell and James Saranteas , of counsel), for Appellee.

Justice QUINN delivered the opinion of the court:

Defendant Kenneth Kaiser filed a lawsuit against defendants Pulte Home Corporation (Pulte), a homebuilding company, and Jim Kunde Construction, Inc. (Kunde Construction), Pulte's sewer subcontractor alleging that he suffered severe and permanent injuries when he fell into an unguarded sewer manhole in the backyard of a home under construction. Pulte tendered its defense of Kaiser's complaint to plaintiff Pekin Insurance...

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