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ILLINOIS EMCASCO v. WAUKEGAN STEEL SALES

No. 1-12-0735.

996 N.E.2d 247 (2013)

2013 IL App (1st) 120735

374 Ill. Dec. 800

ILLINOIS EMCASCO INSURANCE COMPANY, Plaintiff-Appellant, v. WAUKEGAN STEEL SALES INC., a Corporation, and John Walls, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

September 13, 2013.

Attorney(s) appearing for the Case

Keith Carlson , Carlson Law Offices, Chicago, for appellant.

William Busse, Jr. , Jason E. DeVore , Busse, Busse & Grasse, P.C., Chicago, for appellees.

OPINION

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

¶ 1 Plaintiff Illinois Emcasco Insurance Company (Emcasco) filed a declaratory judgment action in November 2009 asking the trial court to declare that it had no duty to defend defendant Waukegan Steel Sales, Inc. (Waukegan), in the underlying personal injury suit filed by an employee of Waukegan's subcontractor. Emcasco argued that the complaint alleged only direct negligence...

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