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USAA CAS. INS. CO. v. McINERNEY

No. 2-10-0970.

960 N.E.2d 655 (2011)

355 Ill. Dec. 733

USAA CASUALTY INSURANCE COMPANY, Plaintiff and Counterdefendant-Appellant, v. Thomas A. McINERNEY III and Kelly K. McInerney, Defendants and Counterplaintiffs-Appellees (Paul J. Cyr and Laurie Cyr, Individually and as Parents and Next Friends of Summer Cyr, Kai Cyr, and Torrey Cyr, Minors, Defendants).

Appellate Court of Illinois, Second District.

October 31, 2011.

Attorney(s) appearing for the Case

Mark W. Monroe , Law Offices of Mark W. Monroe LLC, Wheaton, for USAA Casualty Insurance Company.

Robert R. Tepper , Attorney at Law, Chicago, for Kelly K. McInerney, Thomas A. McInerney III.

Ernest P. Wagner , Childress & Duffy, Ltd., Chicago, for Kai Cyr, Laurie Cyr, Paul J. Cyr, Summer Cyr, Torrey Cyr.

OPINION

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

¶ 1 The plaintiff, USAA Casualty Insurance Company (USAA), appeals from an order entered in favor of the defendants, Thomas and Kelly McInerney. The trial court concluded that USAA owed a duty to defend the McInerneys in a lawsuit brought against them by Paul and Laurie Cyr. The Cyrs sought rescission of a real estate contract or compensatory damages because, following the purchase...

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