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UNIVERSAL UNDERWRITERS v. LKQ SMART PARTS

No. 1-10-1723.

963 N.E.2d 930 (2011)

UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Plaintiff-Appellee, v. LKQ SMART PARTS, INC., LKQ Corporation and Illinois Farmers Insurance Company, Defendants-Appellants.

Appellate Court of Illinois, First District, Fifth Division.

December 16, 2011.

Attorney(s) appearing for the Case

Kevin M. Forde , Joanne R. Driscoll , Kevin R. Malloy , Kevin M. Forde, Ltd., Chicago, for Appellants LKQ Smart Parts, Inc. and LKQ Corporation.

Brian E. McGovern , James R. Walsh , McCarthy, Leonard & Kaemmerer, L.C., Chesterfield, MO, Lawrence D. Mishkin , Timothy E. Hirsch , Silver & Mishkin, LLC, Chicago, for Appellee.

OPINION

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

¶ 1 Universal Underwriters Insurance Company (Universal) brought an action for declaratory judgment against its insured, LKQ Corporation and its subsidiary LKQ Smart Parts, Inc. (collectively LKQ), and an alleged additional insured, Illinois Farmers Insurance Company (Farmers), seeking a declaration that its liability insurance policy did not cover a spoliation of evidence...

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