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WINDMILL NURSING PAV. v. CINCINNATI INS.

No. 1-12-2431.

2 N.E.3d 582 (2013)

2013 IL App (1st) 122431

377 Ill. Dec. 666

WINDMILL NURSING PAVILION, LTD., Individually and On Behalf of a Class of Similarly Situated Persons, Plaintiff-Appellant, v. CINCINNATI INSURANCE COMPANY and Unitherm, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

December 13, 2013.

Attorney(s) appearing for the Case

Anderson & Wanca, Rolling Meadows ( Brian J. Wanca , David M. Oppenheim , Jeffrey A. Berman , of counsel), Bock & Hatch, LLC, Chicago ( Phillip A. Bock , of counsel), for appellant.

Cray Huber Horstman Heil & VanAusdal LLC, Chicago ( James K. Horst , Melissa H. Dakich , of counsel), Julian Campbell Law Offices, North Barrington ( Julian C. Campbell , of counsel), for appellees.

OPINION

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

¶ 1 Plaintiff Windmill Nursing Pavilion, Ltd., brought a class action against Unitherm, Inc., for sending unsolicited faxed advertisements to Windmill and the class members on several occasions. Windmill, Unitherm, and Unitherm's insurer, Cincinnati Insurance Company, eventually settled the class action case for $7 million, and Cincinnati agreed to provide an initial $3 million...

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