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FEDERAL INS. CO. v. LEXINGTON INS. CO.

No. 1-09-3296.

941 N.E.2d 996 (2011)

FEDERAL INSURANCE COMPANY, Plaintiff-Appellant, v. LEXINGTON INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

January 3, 2011.

Attorney(s) appearing for the Case

Tressler, LLP, Chicago, IL ( Todd S. Schenk , Amber C. Coisman , of counsel), for Appellant.

Donohue Brown Mathewson & Smyth LLC, Chicago, IL ( Norman J. Barry, Jr. , Karen Kies DeGrand , Christopher J. Rados , of counsel), for Appellee.

OPINION

Justice O'BRIEN delivered the judgment of the court, with opinion.

This appeal arises from an insurance coverage lawsuit in which plaintiff, Federal Insurance Company (Federal), sought to recover from defendant, Lexington Insurance Company (Lexington), settlement payments made by Federal on behalf of its insured in a personal injury action. The circuit court held that the insured's failure to comply with the "Notice of Circumstance" provision precluded...

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