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WEST AMERICAN INS. CO. v. MIDWEST OPEN MRI

Docket No. 1-12-1034.

989 N.E.2d 252 (2013)

2013 IL App (1st) 121034

370 Ill. Dec. 864

WEST AMERICAN INSURANCE CO., Plaintiff and Counterdefendant-Appellee, v. MIDWEST OPEN MRI, INC., Defendant and Counterplaintiff-Appellant.

Appellate Court of Illinois, First District, Second Division.

April 16, 2013.

Attorney(s) appearing for the Case

Joshua G. Vincent and Cecilia A. Horan , both of Hinshaw & Culbertson LLP, of Chicago, for appellee.

John L. Leonard and Michael H. Erdman , both of Teeple Leonard & Erdman, of Chicago, for appellant.

OPINION

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

¶ 1 This appeal arises out of a dispute over whether an insurer, West American Insurance Company, owed its insured, Midwest Open MRI, a duty to defend or indemnify in a lawsuit brought against Midwest by one of its competitors. West American filed a declaratory judgment action seeking a declaration that it had no duty to defend or indemnify Midwest in the underlying lawsuit and...

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