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Appellate Court of Illinois


State Automobile Mut. Ins. Co. v. Habitat Construction Co., 1050365

In an action for declaratory judgment regarding a duty to defend, summary judgment in favor of plaintiff-insurer is reversed and the matter remanded to determine whether plaintiff's policy applies on an excess basis only where the allegations in the underlying complaint, when compared to the language of the policy, give rise to a duty on the part of plaintiff to defend defendant.

Appellate Information

  • Decided 09/24/2007
  • Published 09/28/2007

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Court

  • Appellate Court of Illinois

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