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G.M. SIGN, INC. v. PENNSWOOD PARTNERS, INC.

No. 2-12-1276.

2014 IL App (2d) 121276

G.M. SIGN, INC., Plaintiff and Defendant and Counterplaintiff-Appellee, v. PENNSWOOD PARTNERS, INC., Defendant-Appellee and Cross-Appellant (Maryland Casualty Company and Assurance Company of America, Plaintiffs and Counterdefendants-Appellants and Cross-Appellees).

Appellate Court of Illinois, Second District.

Filed March 24, 2014.

Attorney(s) appearing for the Case

Michael M. Marick , Karen M. Dixon , and Timothy H. Wright , all of Meckler Bulger Tilson Marick & Pearson LLP, of Chicago, for appellants.

Brian J. Wanca and David M. Oppenheim , both of Anderson & Wanca, of Rolling Meadows, and Phillip A. Bock and Robert M. Hatch , both of Bock & Hatch, LLC, of Chicago, for appellees.

Michael C. Borders and Rosa M. Tumialan , both of Dykema Gossett PLLC, of Chicago, for amici curiae.

Presiding Justice Burke and Justice Spence concurred in the judgment and opinion.

OPINION

JUSTICE McLAREN delivered the judgment of the court, with opinion.

¶ 1 G.M. Sign filed a class action complaint against Pennswood Partners (Pennswood), for sending it unsolicited faxes. Maryland Casualty Company (Maryland Casualty) and Assurance Company of America (Assurance) then filed a declaratory judgment action against Pennswood and G.M. Sign, seeking a declaration that their insurance policies did not provide coverage to Pennswood in the...

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