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WEST AMERICAN INS. v. YORKVILLE NAT. BANK

No. 108285.

939 N.E.2d 288 (2010)

238 Ill.2d 177

WEST AMERICAN INSURANCE COMPANY, Appellee, v. YORKVILLE NATIONAL BANK et al., Appellants.

Supreme Court of Illinois.

September 23, 2010.

Attorney(s) appearing for the Case

W. Scott Porterfield , Roger H. Stetson , Elias C. Selinger , of Barack Farrazzano Kirschbaum & Nagelberg LLP, of Chicago, for appellants.

Robert Marc Chemers , Christopher C. Cassidy , of Pretzel & Stouffer, Chrtd., of Chicago, for appellee.

Regina A. Ripley , of Clausen Miller, PC, of Chicago, Laura A. Foggan , Benjamin J. Theisman , of Wiley Rein, LLP, of Washington, DC, for amicus curiae Complex Ins. Claims Lit. Ass'n

OPINION

Justice BURKE delivered the judgment of the court, with opinion.

The issue in this case is whether the insured violated its liability insurance policy by failing to give timely written notice to the insurer as specified in the policy, thereby relieving the insurer of its duties to defend and indemnify. The appellate court held that the insured breached the policy's notice provision and was therefore not entitled to coverage. 388 Ill.App.3d 769, 327...

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