WARE v. FIRST SPECIALTY INS. CORP.

Docket No. 1-11-3340.

983 N.E.2d 1115 (2013)

2013 IL App (1st) 113340

368 Ill. Dec. 311

Jean WARE, as Personal Representative of the Estate of Kelly McKinnel, Deceased; Natalie Brougham; Rebecca Chelin; James Chiappetta; Amy Chumley; Derrick Cusick; Jonathan D'Augusta; David Dermenjian; Anjalee Desai; Benjamin Eisenberg; Jeremy Farmer, as Personal Representative of the Estate of Sam Farmer, Deceased; Mia Fitzgerald, as Special Administrator of the Estate of Shea Fitzgerald, Deceased; Gilmore S. Haynie, as Independent Administrator of the Estate of Margaret G. Haynie, Deceased; Sarah Hoffman; Dennis E. Hull; Adam Hurder; Jordan Hurder; Lyndsie Jackson; Robert V. Jackson, as Special Administrator of the Estate of John T. Jackson, Deceased; Jennifer Johnson; Muhammad Karimuddin, as Special Administrator of the Estate of Muhammed Hameeduddin, Deceased; Alan J. Klinger; Kenneth R. Koranda, as Executor of the Estate of Robert A. Koranda, Deceased; Phyllis M. Kumpf, as Administrator of the Estate of Eric F. Kumpf, Deceased; Jason Lev; Jennifer S. Levin; Meghan R. Limacher; J. Patrick Lupton, as Personal Representative of the Estate of Eileen Lupton, Deceased; Molly Nilan; Thomas J. O'Connell; Sean O'Dell; Elizabeth Pagel, as Special Administrator of the Estate of Kelly Pagel, Deceased; William Primack; Geoffrey C. Rapp; Alibe Robertson; Melissa Shaw; James A. Sheriff, as Independent Administrator of the Estate of Katherine E. Sheriff, Deceased; Bonnie Sorkin, as Special Administrator of the Estate of Julie Sorkin, Deceased; Jay Sorkin, as Special Administrator of the Estate of Julie Sorkin, Deceased; Cullan Stefanik; Alexis Tessler; Whitney Turner; and Henry J. Wischerath, Sr., as Personal Representative of the Estate of Henry J. Wischerath, Jr., a/k/a Jay Wischerath, Deceased, Plaintiffs-Appellants, v. FIRST SPECIALTY INSURANCE CORPORATION, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

January 11, 2013.


Attorney(s) appearing for the Case

Leslie J. Rosen , of Leslie J. Rosen Attorney at Law, P.C., of Chicago, for appellants.

Robert P. Conlon and James W. Kienzle , both of Walker Wilcox Matousek LLP, of Chicago, for appellee.


OPINION

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

¶ 1 At approximately 12:30 a.m. on June 29, 2003, a three-story porch located at the rear of the property at 713 West Wrightwood in Chicago, Illinois collapsed during a party, resulting in the deaths of 12 individuals and injuries to 29 more. Those individuals and their estates (collectively plaintiffs) ultimately settled their claims with the building owner and others (collectively...

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