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BRIDGEVIEW HEALTH CARE v. STATE FARM FIRE

Docket No. 1-12-1920.

993 N.E.2d 553 (2013)

2013 IL App (1st) 121920

373 Ill. Dec. 247

BRIDGEVIEW HEALTH CARE CENTER, LTD., Individually and on Behalf of a Class of Similarly Situated Persons, Plaintiff-Appellee, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellant (Jerry Clark, d/b/a Affordable Digital Hearing, Defendant).

Appellate Court of Illinois, First District, Third Division.

June 19, 2013.

Attorney(s) appearing for the Case

Dykema Gossett, PLLC, of Chicago ( Michael C. Borders and Rosa Tumialan , of counsel), for appellant.

Anderson & Wanca, of Rolling Meadows ( Brian J. Wanca and David M. Oppenheim , of counsel), and Bock & Hatch, LLC ( Phillip A. Bock , of counsel), and Gardner Koch & Weisberg ( Vincent A. Lavieri , of counsel), both of Chicago, for appellee.

Meckler Bulger Tilson Marick & Pearson, of Chicago ( Michael M. Marick , Karen M. Dixon , and Timothy H. Wright , of counsel), for amicus curiae.

OPINION

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

¶ 1 Bridgeview Health Care Center filed a complaint against Jerry Clark for sending it unsolicited faxes. Bridgeview then filed a declaratory judgment action against Clark's insurer, State Farm Fire and Casualty Company, seeking a declaration that State Farm had a duty to defend and indemnify Clark in the underlying lawsuit for the unsolicited faxes. Bridgeview filed...

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