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RICHARD W. McCARTHY TRUST v. ILLINOIS CO.

No. 3-10-0584.

946 N.E.2d 895 (2011)

The RICHARD W. McCARTHY TRUST DATED SEPTEMBER 2, 2004, as amended, and The Estate of Richard McCarthy, Plaintiffs-Appellees, v. ILLINOIS CASUALTY COMPANY, a Mutual Insurance Company, Defendant-Appellant. (John R. Klockau, an Individual, and Allen Messer, an Individual, Defendants).

Appellate Court of Illinois, Third District.

February 24, 2011.

Attorney(s) appearing for the Case

Steven E. Sexton , Thomas K. Cauley, Jr. (argued), Sidley Austin LLP, Chicago, for Illinois Casualty Company.

Daniel Churchill (argued), Mark D. Churchill , Churchill & Churchill, Moline, for Richard W. McCarthy.

OPINION

Presiding Justice CARTER delivered the judgment of the court, with opinion.

Plaintiff, the Richard W. McCarthy Trust (the trust), brought suit against defendant, Illinois Casualty Company (the company), seeking, among other things, to have the trial court order the company to specifically perform its obligation under certain surplus notes, held by the trust, to file an application with the Illinois Department of Insurance for approval to redeem the...

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