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CITY OF ELGIN v. ARCH INS. CO.

No. 2-15-0013.

53 N.E.3d 31 (2015)

402 Ill. Dec. 900

2015 IL App (2d) 150013

The CITY OF ELGIN, Plaintiff, v. ARCH INSURANCE COMPANY, Defendant (Fidelity and Deposit Company of Maryland, Defendant and Counterplaintiff-Appellant; TRG Venture Two, LLC, Defendant and Counterdefendant-Appellee).

Appellate Court of Illinois, Second District.

Modified Upon Denial of Rehearing February 10, 2016.

Attorney(s) appearing for the Case

Cornelius F. Riordan , Brandon G. Hummel , and Megan M. Burke , all of Riordan, McKee & Piper, LLC, of Chicago, for appellant.

Paul E. Chronis and Elinor Hart Murarova , both of Duane Morris, LLP, of Chicago, for appellee.

Eric A. Berg and Randolph E. Ruff , both of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., of Chicago, for amicus curiae.

OPINION

¶ 1 This case grows out of the real estate crash of 2008. In 2003, the plaintiff, the City of Elgin (City), entered into an agreement with a developer, Kimball Hill, Inc., whereby Kimball Hill agreed to develop certain property as a residential planned...

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