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ERIE INS. EXCHANGE v. IMPERIAL MARBLE CORP.

No. 3-10-0380.

957 N.E.2d 1214 (2011)

ERIE INSURANCE EXCHANGE, Plaintiff-Appellee, v. IMPERIAL MARBLE CORPORATION, Defendant-Appellant and Third-Party Plaintiff (Somonauk Insurance Agency, Inc., Third-Party Defendant).

Appellate Court of Illinois, Third District.

September 15, 2011.

Attorney(s) appearing for the Case

Brent W. Vincent (argued), Donald A. Cole , Bryan Cave LLP, Chicago, for Imperial Marble Corporation.

Bruce M. Lichtcsien (argued), Hinkhouse, Williams & Walsh, Chicago, for Erie Insurance Exchange.

Peter L. Currie , The Law Firm of Peter L. Currie, P.C., St. Charles, Robert M. Foote , Foote, Meyers, Miekle & Flowers LLC, Geneva, for Kirk Kobzina.

Anthony J. Tunney , HeplerBroom LLC, Chicago, for Somonauk Insurance Agency.

OPINION

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

¶ 1 Plaintiff Erie Insurance Exchange filed a declaratory judgment action seeking a declaration that it did not have a duty to defend or indemnify under a comprehensive general liability (CGL) policy it issued to defendant Imperial Marble Corporation in an underlying class action lawsuit for personal injury and property damage purportedly...

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